ACTS  AND   RESOLUTIONS 


FIRST    SESSION 


PROVISIONAL   CONGRESS 


confederate'  states, 


**»*  -" 


HELD  AT  MONTGOMERY,  ALA. 


RICHMOND: 

ENQUIRER     BOOK     AND     JOB     PRESS. 
BY  TYLER,  WISE,  ALLEGRE  &  SMITH. 

1861. 


ACTS  AND  RESOLUTIONS, 


No.  1.]  A  RESOLUTION 

To  appoint  Messrs.  Reid  &  Shorter  Printers  to  the  Congress. 

Resolved,  That  Messrs.  Reicl  &  Shorter  be  appointed 
printers  to  this  Congress  while  it  holds  its  sessions  in  Mont- 
gomery ;  and  that  all  the  work  to  be  done,  shall,  in  style  and 
quality,  equal  that  done  for  the  State  of  Alabama,  and  shall 
be  paid  for  at  the  same  proportionate  rates  of  compensation. 

Adopted  February  5,  1861. 


No.  2]  -  A  RESOLUTION 

Accepting  the  appropriation  of  Five  hundred  Thousand 
Dollars,  made  by  the  General  Assembly  of  the  State  of 
Alabama. 

1st.  Resolved  by  the  Confederate  States  of  America  in 
Congress  assembled,  That  this  Congress  accept  the  liberal 
offer  of  the  General  Assembly  of  the  State  of  Alabama,  to 
place  at  the  disposal  of  this  body  the  sum  of  five  hundred 
thousand  dollars  as  a  loan  to  the  Government  of  the  Con- 
federacy now  being  formed. 

2d.  Resolved  by  the  authority  aforesaid,  That  this  Congress 
place  the  highest  appreciation  upon  this  generous,  patriotic 
and  considerate  action  of  the  State  of  Alabama  and  realize 
in  it  the  zealous  devotion  of  the  people  of  that  State  to  the 
cause  of  "Southern  Independence." 

Adopted  February  8,  1861. 


1/7 


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No.  3.]  A  KESOLUTION 

For  the  preservation  of  the  Records  of  Congress. 

Whereas,  It  is  neqessary  that  the  records  of  this  Con- 
gress be  placed  in  a  condition  of  safety,  and  those  pertain- 
ing to  proceedings  with  closed  doors  in  a  condition  of  secrecy, 
therefore, 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  the  President  of  Congress  be,  and  he  is 
hereby  authorized  and  instructed  to  make  proper  provision 
for  the  purposes  herein  declared. 

Adopted  February  8,  1861. 


No.  4.]  A  RESOLUTION 

In  regard  to  the  State  of  North  Carolina,  and  the  Commis- 
sioners from  said  State  to  this  Congress. 

Whereas,  The  people  of  North  Carolina  and  those  of  the 
States  represented  in  this  Congress,  have  a  common  history, 
a  common  sympathy,  a  common  honor,  and  a  common  dan- 
ger— and,  whereas,  it  is  the  opinion  and  earnest  desire  of 
this  Congress,  that  the  State  of  North  Carolina  should  be 
united  in  government  with  these  States. 

Be  it  therefore  resolved,  That  this  Congress  receive  with 
pleasure  the  Commissioners  from  the  State  of  North  Caro- 
lina, and  hope  to  pursue  such  a  course  of  action  as  shall 
commend  itself  to,  and  induce  the  State  of  North  Carolina 
speedily  to  unite  in  our  councils,  and  in  such  Government 
as  shall  be  formed  by  these  States. 

Adopted  February  8,  1861. 


No.  5.]  AN  ACT 

To  continue  in  force  certain  laws  of  the  United  States  of 

America. 

Be  it  enacted  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  all  the  laws  of  the  United  States  of  Ameri- 
ca, in  force  and  in  use  in  the  Confederate  States  of  America 


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on  the  first  day  of  November  last,  and  not  inconsistent  with 
the  Constitution  of  the  Confederate  States,  be  and  the  same 
are  hereby  continued  in  force  until  altered  or  repealed  by 
the  Congress. 

Adopted  February  9,  1861. 


No.  6.]  A  RESOLUTION 

In  relation  to  the  occupation  of  the  Forts  and  Arsenals,  &c. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer- 
ica, That  this  Government  takes  under  its  charge  the  ques- 
tions and  difficulties  now  existing  between  the  several  States 
of  this  Confederacy,  and  the  Government  of  the  United 
States  of  America,  relating  to  the  occupation  of  forts, 
arsenals,  navy  yards,  and  other  public  establishments  ;  and 
that  the  President  of  the  Congress  be  directed  to  communi- 
cate this  resolution  to  the  several  States  of  this  Confederacy 
through  the  respective  Governors  thereof. 

Adopted  February  12,  1861. 


No.  9.]  A  RESOLUTION 

Authorizing  the  Secretary  of  Congress  to  arrange  for  Pub- 
lication the  Provisional  Constitution  for  the  Government 
of  the  Confederate  States  of  America,  with  the  Autogarph 
Signatures  of  Members  of  Congress,  &c. 

*  Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  the  Secretary  of  the  Congress  be  allowed  to 
have  engrossed  and  arranged  for  publication  the  Provisional 
Constitution  for  the  Government  of  the  Confederate  States 
of  America,  with  the  autograph  signatures  of  the  members 
of  Congress,  and  the  flag  and  seal  of  the  Confederacy, 
whenever  adopted. 

Adopted  February  14,  1861. 


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No.  11.]  A  RESOLUTION 

To  authorize  the  Judiciary  Committee  to  have  such  matter 
printed  as  they  may  desire  to  lay  before  the  Congress. 
Resolved  by  the  Confederate  States  of  America  in  Congress 

assembled,  That  the   Judiciary  Committee  be  authorized  to 

have  such  matter  printed  as  they  may   desire  to   lay  before 

the  Congress. 

Adopted  February  14,  1861. 


No.  12]  AN  ACT 

To  continue  in  office  the  Officers  connected  with  the  Collec- 
tion of  the  Customs  in  the  Confederate  States  of  Amer- 
ica. 

Section  1 .  Be  it  enacted  by  the  Confederate  States  of  Amer- 
ica in  Congress  assembled,  That  the  several  officers  who,  at 
the  time  of  the  adoption  of  the  Constitution  of  the  Provi- 
sional Government  of  these  States,  held  and  exercised  any 
office  connected  with  the  collection  of  the  customs,  duties 
and  imports  in  the  several  States  of  this  Confederacy,  or  as 
assistant  treasurers  entrusted  with  keeping  the  moneys 
arising  therefrom,  are  hereby  appointed  to  the  several  offices 
which  at  the  said  date  they  respectively  held  ;  and  they  shall 
have  the  same  powers,  be  subject  to  the  same  duties,  and  be 
entitled  to  the  same  salaries,  fees  and  emoluments  as  are  set 
forth  and  provided  in  and  by  the  laws  of  the  United  States 
of  America,  until  the  first  day  of  April  next :  Provided, 
That  the  maximum  of  compensation  which  each  collector  shall 
receive  from  all  sources  shall  not  exceed  the  rate  of  five 
thousand  dollars  per  annum. 

Sec.  2.  Each  collector  so  appointed,  shall  within  two 
weeks  from  the  date  of  this  act,  execute  to  the  Confederate 
States  of  America,  a  bond  in  the  same  amount  and  subject 
to  a  like  condition  with  his  last  bond  to  the  United  States  of 
America,  with  sureties  to  be  approved  by  a  judge  of  any 
superior  or  circuit  court  of  the  Sta'ts  where  such  collector  is 
located.  And  each  of  the  other  officers  shall,  within  one 
week  after  the  collector  shall  have  entered  upon  the  dis- 
charge of  his  duties,  execute  to  the  Confederate  States  of 


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America,  a  bond  in  the  same  amount  and  subject  to  the  like 
condition  with  his  last  bond  to  the  United  States  of  America, 
in  case  he  was  required  to  execute  a  bond,  with  sureties  to 
be  approved  by  the  collectors  of  the  port  where  such  office 
is  located. 

Sec.  3.  The  said  several  officers  shall  take  an  oath  before 
a  magistrate,  well  and  faithfully  to  discharge  the  duties  of 
his  office,  and  to  support  the  Constitution  of  the  Provisional 
Government  of  the  Confederate  States  of  America,  which 
said  oath  shall  be  endorsed  upon  the  bond ;  and  the  bond 
shall  be  filed  in  the  office  of  the  Secretary  of  the  Treasury, 
or  in  such  other  place  as  .he  may  direct. 

Adopted  February  14,  1861. 


No.  13.]  A  RESOLUTION 

To  continue  in  office  the  Officers  of  the  Customs. 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  until  otherwise  provided,  the  several  officers 
connected  with  the  collection  of  the  customs,  duties  and  im- 
posts in  the  several  States  of  this  Confederacy,  be  and  they 
are  hereby  confirmed  and  continued  as  officers  of  the  Gov- 
ernment of  the  Confederate  Stages  of  America,  with  their 
present  salaries  and  emoluments,  until  the  first  day  of  April 
next ;  and  that  the  Secretary  of  the  Treasury  be  instructed 
to  report  to  Congress  a  plan,  to  go  into  effect  at  the  said 
date,  whereby  the  expenses  of  collecting  the  revenue  at  each 
custom  house  shall  be  diminished  at  least  fifty  per  cent. 

Adopted  February  14,  1861. 


No.  14.]  A  RESOLUTION 

Giving  certain  powers  to  the  Committee  of  Naval  Affairs, 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  the  committee  on  Naval  Affairs  be  authorized 
to  procure  the  attendance,  at  the  seat  of  Government,  of  all 
such  persons  versed  in  naval  affairs  as  they  may  deem  ad- 
visable to  consult  with  in  the  preparation  of  their  report. 

Adopted  February  14,  1861. 


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No.  15.]  A  RESOLUTION 

To  provide  for  Printing  for  the  Committees  of  the  Congress. 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  each  of  the  Standing  Committees  of  Congress 
is  authorized  to  cause  to  be  printed  any  matters  which  it  may 
deem  requisite  for  the  use  of  the  committee. 

Adopted  February  14,  1861. 


No.  17.]  A  RESOLUTION 

For  the  appointment  of  Commissioners  to  the  Government 
of  the  United  States  of  America. 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  it  is  the  sense  of  this  Congress,  that  a  com- 
mission of  three  persons  be  appointed  by  the  President  elect 
as  early  as  may  be  convenient  after  his  inauguration,  and 
sent  to  the  Government  of  the  United  States  of  America, 
for  the  purpose  of  negotiating  friendly  relations  between 
that  Government  and  the  Confederate  States  of  America, 
and  for  the  settlement  of  all  questions  of  disagreement  be- 
tween the  two  Governments  upon  principles  of  right,  justice, 
equity,  and  good  faith. 

Adopted  February  15,  1861. 


No.  18.]  A  RESOLUTION 

For  the  Enforcement  of  the  Revenue  Laws. 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  the  President  of  Congress  instruct  the  col- 
lectors of  the  several  ports  of  this  Confederacy  to  enforce 
the  existing  revenue  laws  against  all  foreign  countries,  ex- 
cept the  State  of  Texas. 

Adopted  February  16,  1861. 


41 

No.  19.]  A  RESOLUTION 

For  the  relief  of  J.  M.  Walden,  a  citizen  of  Georgia. 

Resolved  by  the  Confederate  States  of  America  in  Congress 
assembled,  That  J.  M.  Walden,  a  citizen  of  the  State  of 
Georgia,  be  and  he  is  hereby  authorized  to  file  with  the  at- 
torney-general, a  caveat,  accompanied  by  suitable  drawings 
and  explanations,  setting  forth  the  design  and  purpose  there- 
of, for  the  protection  and  improvement  claimed  to  have  been 
made  by  him  in  railroid  switches,  and  that  said  caveat,  when 
so  filed  as  aforesaid,  shall  be  effectual  to  protect  his  rights 
to  said  invention,  until  a  patent  office  shall  have  been  esta- 
blished :  Provided,  That  as  soon  as  said  office  is  established, 
said  caveat  shall  be  filed  with  the  commissioner  thereof,  and 
such  proceedings  had  thereon,  as  may  be  authorized  by  law. 

Adopted  February  16,  1861. 


No.  20.]  AN  ACT 

To  exempt  from  Duty  certain  commodities  therein  named, 
and  for  other  purposes. 

Section  1 .  Be  it  enacted  by  the  Confederate  States  of  Amer- 
ica in  C&ngress  assembled,  That  the  following  articles  shall  be 
exempt  from  duty  and  admitted  free  into  said  States,  to- wit : 
Bacon,  pork,  hams,  lard,  beef,  fish  of  all  kinds,  wheat,  and 
flour  of  wheat,  and  flour  of  all  other  grains  ;  Indian  corn 
and  meal ;  barley  and  barley  flour ;  rye  and  rye  flour  ;  oats 
and  oat  meal ;  gunpowder,  and  all  the  materials  of  which  it 
is  made  ;  lead  in  all  forms  ;  arms  of  every  description,  and 
munitions  of  war  and  military  accoutrements;  percussion 
caps  ;  living  animals  of  all  kinds  ;  also,  all  agricultural  pro- 
ducts in  their  natural  state. 

Sec.  2.  And  be  it  further  enacted,  That  all  goods,  wares 
and  merchandize  imported  from  any  one  of  the  late  United 
States  of  America,  not  being  now  a  member  of  this  Confed- 
eracy, into  this  Confederacy  before  the  fourth  day  of  March 
next,  which  may  have  been  bona  fide  purchased  heretofore, 
or  within  ten  days  after  the  passage  of  this  act,  shall  be  ex- 
empt and  free  from  duty. 


42 


Sec  3.  And  be  it  further  enacted,  That  the  State  of  Texas 
be  and  is  hereby  exempted  from  the  operation  of  the  tariff 
laws  heretofore  passed  and  adopted  by  this  Congress. 

Adopted  February  18,  1861. 


No.  21.]  AN  ACT 

To  Provide  Munitions  of  War  and  for  other  purposes. 

Section  1 .  Be  it  enacted  by  the  Confederate  States  of  Amer- 
ica in  Congress  assembled,  That  the  President  or  Secretary  of 
War,  under  his  direction,  is  hereby  authorized  and  empow- 
ered to  make  contracts  for  the  purchase  and  manufacture  of 
heavy  ordnance  and  small  arms  ;  and  of  machinery  for  the 
manufacture  or  alteration  of  small  arms  and  munitions  of 
war  ;  and  to  employ  the  necessary  agents  and  artisans  for 
those  purposes ;  and  to  make  contracts  for  the  establishment 
of  powder  mills  and  the  manufacture  of  powder;  and  the 
President  is  authorized  to  make  contracts  provided  for  in 
this  act,  in  such  manner  and  on  such  terms  as  in  his  judg- 
ment the  public  exigencies  may  require. 

Approved  February  20,  1861. 


No.  22.]  AN  ACT 

To  authorize  the  President  to  appoint  a  Private  Secretary. 

Section  1 .  Be  it  enacted  by  the  Confederate  States  of  Amer- 
ca  in  Congress  assembled,  and  it  is  hereby  enacted  by  the  authori- 
ty of  the  same,  That  the  President  of  the  Confederate  States 
©f  America  be,  and  he  is  hereby  authorized  to  appoint  a  pri- 
vate secretary,  through  whom  he  may  communicate  with 
Congress,  and  who  shall  discharge  such  duties  as  may  be  as- 
signed him  by  the  President,  and  shall  receive  such  com- 
pensation for  his  services  as  shall  be  fixed  by  law. 

Approved  February  20,  1861. 


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No.  23.]  AN  ACT 

To  determine  the  Salaries  of  the  Vice  President  and  of  the 
Heads  of   Departments. 

The  Congress  of  tlie  Confederate  States  of  America  do  enact, 
That  the  annual  compensation  of  the  Vice  President,  and  of 
the  Secretaries  of  State,  of  the  Treasury,  of  War,  of  the 
Navy,  the  Postmaster  General,  and  the  Attorney  General, 
shall  be  at  the  rate  of  six  thousand  dollars,  payable  quar- 
terly, in  advance. 

Approved  February  21,  1861. 


No.  24.]  AN  ACT 

To  organize  the  Department  of  State. 

Sectiox  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  there  shall  be  an  Executive  Department  to  be 
denominated  the  Department  of  State ;  and  there  shall  be 
a  principal  officer  therein  to  be  called  the  Secretary  of  State, 
who  shall  perform  and  execute  such  duties  as  shall,  from 
time  to  time,  be  enjoined  on  or  entrusted  to  him  by  the  Pre- 
sident of  the  Confederate  States,  agreeably  to  the  Constitu- 
tion, relative  to  correspondences,  commissions  or  instructions 
to  or  with  public  ministers  or  consuls  from  the  Confederate 
States,  or  to  negotiations  with  public  ministers  from  Foreign 
States,  or  princes,  or  to  memorials  or  other  applications  from 
foreign  public  ministers,  and  other  foreigners,  or  to  such 
other  matters  respecting  foreign  affairs  as  the  President  of 
the  Confederate  States  shall  assign  to  the  said  department ; 
and  furthermore  the  said  principal  officer  shall  conduct  the 
business  of  the  said  department  in  such  manner  as  the  Presi- 
dent of  the  Confederate  States  shall  from  time  to  time  order  or 
instruct.  Said  Secretary  shall  be  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Congress,  and 
shall  receive  a  compensation  to  be  ascertained  and  regulated 
by  law.         « 

Sec.  2.  Be  it  further  enacted,  It  shall  be  the  duty  of  the 
Secretary  of  State  to  keep  and  preserve  all  bills  and  resolu- 


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tions  of  the  Congress  having  been  approved  or  signed  by 
the  President  or  otherwise  become  laws,  and  he  shall  care- 
fully preserve  the  originals,  and  shall,  as  soon  as  conve- 
niently may  be  after  he  shall  receive  the  same,  cause  every 
such  law,  order  and  resolution  to  be  published  in  at  least 
three  public  newspapers,  published  within  the  Confederate 
States,  and  shall  also  cause  two  printed  copies,  duly  authen- 
ticated, to  be  sent  to  the  executive  authority  of  each  State. 
It  shall  be  the  duty  of  the  Secretary  to  keep  the  great  seal 
of  the  Confederate  States,  and  to  make  out  and  record  and 
affix  said  seal  to  all  civil  commissions  to  officers  of  the  Con- 
federate States,  to  be  appointed  by  the  President,  by  and 
with  the  advice  of  the  Congress,  or  by  the  President  alone : 
Provided,  That  said  seal  shall  not  be  affixed  to  any  commis- 
sion before  it  is  signed  by  the  President,  nor  to  any  other 
instrument  or  act  without  the  special  warrant  of  the  Presi- 
dent, therefor.  The  said  Secretary  shall  also  cause  a  seal  of 
office  to  be  made  for  said  department,  of  such  device  as  the 
President  shall  approve,  and  all  copies  of  records  and 
papers  in  said  office,  authenticated  under  the  said  seal,  shall 
be  evidence  equally  as  the  original  record  or  paper. 

Sec.  3.  Be  it  further  enacted,  That  there  shall  be  in  the 
said  department  a  chief  clerk  to  be  appointed  by  the  Secre- 
tary, and  such  other  clerks  as  from  time  to  time  may  be 
found  necessary,  and  authorized  by  the  Congress,  who  shall 
receive  a  compensation  for  their  services  to  be  fixed  by  law ; 
and  the  Secretary  of  State  and  every  other  person  to  be  ap- 
pointed or  employed  in  said  department  shall,  before  he  en- 
ters on  the  execution  of  his  office  or  employment,  take  an 
oath  or  affirmation  well  and  faithfully  to  execute  the  trust 
committed  to  him. 

Sec.  4.  Be  it  further  enacted,  There  shall  be  paid  to 
the  Secretary,  for  the  use  of  the  Confederate  States,  the  fol- 
lowing fees  of  office  by  the  persons  requiring  the  services  to 
be  performed,  except  when  they  are  performed  for  any  officer 
of  the  Confederate  States  in  a  matter  relating  to  the  duties 
of  his  office,  to  wit :  for  making  out  and  authenticating 
copies  of  records,  ten  cents  for  each  hundred  words ;  for 
authenticating  a  copy  of  a  record  or  paper,  under  the  seal  of 
office,  one  dollar. 

Sec  5.  And  be  it  furtlwr  enacted,  This  act  shall  be  in  force 
and  take  effect  from  and  after  its  passage. 

Approved  February  21,  1861. 


45 

No.  25.]  AN  ACT 

To  establish  the  Treasury  Department. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  there  shall  be  an  executive  department 
known  as  the  Department  of  Treasury,  in  which  shall  be  the 
following  officers,  namely :  A  Secretary  of  the  Treasury,  to 
be  deemed  the  head  of  the  department ;  a  Comptroller,  an 
Auditor,  a  Register,  a  Treasurer,  and  an  Assistant  to  the 
Secretary  of  the  Treasury,  which  assistant  shall  be  appointed 
by  the  said  Secretary ;  all  of  which  officers  shall  receive  such 
salaries  respectively  as  may  be  provided  by  law. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Secretary  of  the  Treasury  to  superintend  the  collec- 
tion of  the  public  revenue  ;  to  digest  and  prepare  plans  for 
the  improvement  and  management  thereof,  and  for  the  sup- 
port of  the  public  credit ;  to  prepare  and  report  estimates  of 
the  public  revenue  and  the  public  expenditures ;  to  decide 
on  the  forms  of  keeping  and  stating  accounts  and  making 
returns,  and  to  grant,  under  the  limitations  herein  establish- 
ed or  to  be  hereafter  provided,  all  warrants  for  moneys  to 
be  paid  into  the  Treasury,  and  all  warrants  for  moneys  to 
be  issued  from  the  Treasury  in  pursuance  of  appropriations 
by  law :  to  execute  such  services  relative  to  the  sale  of  the 
public  property  belonging  to  the  Confederate  States  as  by 
law  may  be  required  of  him  ;  to  make  reports  and  give  in- 
formation to  the  Congress 'or  the  President — in  person  or  in 
writing,  as  may  be  required — concerning  all  matters  referred 
to  him  by  the  Congress  or  the  President  respectively,  and 
which  shall  appertain  to  his  office ;  and  generally  to  perform 
all  such  services  relative  to  the  finances,  and  all  such  other 
duties,  as  he  may  by  law  be  directed  to  perform. 

Sec  3.  And  be  it  further  enacted,  That  the  Secretary  of 
the  Treasury  shall  have  power  to  appoint  a  chief  clerk,  and 
also  such  other  clerks,  from  time  to  time,  as  he  may  deem 
necessary,  and  Congress  may  authorize  by  law,  which  officers 
shall  respectively  receive  such  compensation  as  may  be  pro- 
vided by  law. 

Sec  4.  And  be  it  further  enacted,  That  the  Secretary  of 
the  Treasury  shall  cause  to  be  procured  an  official  seal,  for 
the  Department  of  Treasury,  to  be  approved  by  the  Presi- 
dent ;  and  copies  of  all  official  papers  or  records  in  said  de^ 
partment,  certified  under  the  seal  thereof,  shall  be  receiv- 


46 

■ed  in  evidence  in  all  the  courts  of  the  Confederate  States,  in 
lieu  of  such  original  papers  or  records. 

Sec.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Assistant  Secretary  of  the  Treasury  to  examine  all 
letters,  contracts  and  warrants  prepared  for  the  signature  of 
the  Secretary  of  the  Treasury,  and  perform  all  such  other 
duties  as  may  be  devolved  on  him  by  law  or  by  the  Secretary 
of  the  Treasury. 

Sec.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Comptroller  to  superintend  the  adjustment  and  preser- 
vation of  the  public  accounts  ;  to  examine  all  accounts  set- 
tled by  the  Auditor,  and  certify  the  balances  arising  there- 
on to  the  Register  ;  to  countersign  all  warrants  drawn  by 
the  Secretary  of  the  Treasury  which  shall  be  authorized  by 
law ;  to  report  to  the  Secretary  the  official  forms  of  all  pa- 
pers to  be  issued  in  the  different  offices  for  collecting  the 
public  revenue,  and  the  manner  and  form  of  keeping  and 
stating  the  accounts  of  the  several  persons  employed  therein. 
He  shall  moreover  provide  for  the  regular  and  punctual  pay- 
ment of  all  moneys  which  may  be  collected,  and  shall  direct 
prosecutions  for  all  delinquencies  of  officers  of  the  revenue, 
and  for  debts  that  are  or  shall  be  due  to  the  Confederate 
States. 

Sec.  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Auditor  to  receive  all  public  accounts,  and  after  ex- 
amination to  certify  the  balance  and  transmit  the  accounts, 
with  the  vouchers  and  certificate,  to  the  comptroller  for  his 
decision  thereon :  Provided,  That  if  any  person  whose  ac- 
count shall  be  so  audited  be  dissatisfied  therewith,  he  may 
appeal  to  the  comptroller  against  such  settlement. 

Sec  8.  And  be  it  further  enacted,  That  the  Auditor  of  the 
public  accounts  shall  be  empowered  to  administer  oaths  or 
affirmations  to  witnesses  in  any  case  in  which  he  may  deem 
it  necessary  or  proper  for  the  due  examination  of  the  ac- 
counts with  which  he  may  be  charged. 

Sec.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Register  to  keep  all  accounts  of  the  receipts  and  ex- 
penditures of  the  public  money,  and  of  all  debts  due  to  or 
from  the  Confederate  States ;  to  receive  from  the  comptroll- 
er the  accounts  which  shall  have  been  finally  adjusted,  and 
to  preserve  such  accounts,  with  their  vouchers  and  certifi- 
cates ;  to  record  all  warrants  for  the  receipt  or  payment  of 
moneys  at  the  treasury,  certify  the  same  thereon,  and  to 
transmit  to  the  Secretary  of  the  Treasury  copies  of  the  cer- 


47 

tificates  of  balances  of  accounts  adjusted  as  herein  di- 
rected. 

Sec.  10.  And  be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  treasurer  to  receive  and  keep  the  moneys  of  the 
Confederate  States,  and  to  disburse  the  same  upon  warrants 
drawn  by  the  secretary  of  the  treasury,  countersigned  by 
the  comptroller,  and  recorded  by  the  register,  and  not  other- 
wise ;  he  shall  take  receipts  for  all  moneys  paid  by  him,  and 
all  receipts  for  moneys  received  by  him  shall  be  endorsed 
upon  warrants  signed  by  the  secretary  of  the  treasury,  with- 
out which  warrant,  so  signed,  no  acknowledgment  for  money 
received  into  the  public  treasury  shall  be  valid.  And  the 
said  treasurer  shall  render  his  accounts  to  the  comptroller 
quarterly,  or  oftener  if  required,  and  shall  transmit  a  copy 
thereof,  when  settled,  to  the  secretary  of  the  treasury.  He 
shall,  at  all  times,  submit  to  the  Secretary  of  the  Treasury 
and  the  Comptroller,  or  either  of  them,  the  inspection  of  the 
books  and  records  in  his  office,  and  of  all  moneys  in  his 
hands ;  and  shall,  prior  to  entering  upon  the  duties  of  his 
offiee,  give  bond,  with  good  and  sufficient  sureties,  to  be  ap- 
proved by  the  Secretary  of  the  Treasury  and  Comptroller, 
in  the  sum  of  one  hundred  and  fifty  thousand  dollars,  pay- 
able to  the  Confederate  States  of  America,  with  condition 
for  the  faithful  performance  of  the  duties  of  his  office,  and 
for  the  fidelity  of  the  persons  to  be  by  him  employed,  which 
bond  shall  be  lodged  in  the  office  of  the  Comptroller. 

Sec  11.  And  be  it  further  enacted,  That  no  person  appoint- 
ed to  any  office  instituted  by  this  act,  shall  directly  or  indi- 
rectly be  concerned  or  interested  as  owner  in  whole  or  in 
part  of  any  sea  vessel,  or  purchase  by  himself,  or  another 
in  trust  for  him,  any  public  property  or  forfeited  goods,  or 
be  concerned  in  the  purchase  by  himself,  or  another  in  trust 
for  him,  any  public  property  or  forfeited  goods,  or  be  con- 
cerned in  the  purchase  or  disposal  of  any  public  securities 
of  any  State  or  of  the  Confederate  States,  or  take  or  apply 
to  his  own  use  any  emolument  or  gain  for  negotiating  or 
transacting  any  business  in  the  said  department,  other  than 
what  shall  be  allowed  by  law ;  and  if  any  person  shall  offend 
against  any  of  the  prohibitions  of  this  act,  he  shall  be  guilty 
of  a  high  misdemeanor,  and  forfeit  to  the  Confederate  States 
the  penalty  of  three  thousand  dollars,  and  shall  upon  con- 
viction be  removed  from  office,  and  forever  thereafter  be  in- 
capable of  holding  any  office  under  the  Confederate  States: 
Provided,  That  if  any  other  person  than  a  public  prosecutor 


48 


shall  give  information  of  any  such  offence,  upon  which  a 
prosecution  and  conviction  shall  be  had,  one-half  of  the 
aforesaid  penalty  of  three  thousand  dollars,  when  recovered 
shall  be  for  the  use  of  the  person  giving  such  information. 

Approved  February  21,  1861. 


No.  26.]  AN  ACT 

To  establish  the  War  Department. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  an  Executive  Department  be  and  the  same  is 
hereby  established,  under  the  name  of  the  War  Department, 
the  chief  officer  of  which  shall  be  called  the  Secretary  of 
War. 

Sec.  2.  Be  it  further  enacted,  That  said  Secretary  shall, 
under  the  direction  and  control  of  the  President,  have 
charge  of  all  matters  and  things  connected  with  the  army, 
and  with  the*  Indian  tribes  within  the  limits  of  the  Confed- 
eracy, and  shall  perform  such  duties  appertaining  to  the 
army,  and  to  said  Indian  tribes,  as  may  from  time  to  time  be 
assigned  to  him  by  the  President. 

Sec  3.  And  be  it  further  enacted,  That  the  Secretary  of 
said  department  is  hereby  authorized  to  appoint  a  chief  clerk 
thereof,  and  as  many  inferior  clerks  as  may  be  found  neces- 
sary, and  may  be  authorized  by  law. 

Approved  February  21,  1861. 


No.  27.]  AN  ACT 

To  establish  the  Navy  Department. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  an  Executive  Department  be  and  the  same  is 
hereby  established  to  be  called  the  Navy  Department. 

Sec  2.  Beit  further  enacted,  That  the  chief  officer  of  said 
department  shall  be  called  the  Secretary  of  the  Navy,  and 
shall,  under  the  direction  and  control  of  the  President,  have 


49 

charge  of  all  matters  and  things  connected  with  the  Navy 
of  the  Confederacy,  and  shall  perform  all  such  duties  apper- 
taining to  the  Navy  as  shall  from  time  to  time  be  assigned 
to  him  by  the  President 

Sec.  3.  Be  it  further  enacted,  That  said  Secretary  shall  be 
authorized  to  appoint  a  chief  clerk,  and  such  other  clerks  as 
may  be  found  necessary,  and  be  authorized  by  law. 

Approved  February  21,  1861. 


No.  28.]  AN  ACT 

To  establish  the  Post  Office  Department. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  there  shall  be  an  executive  department,  to  be  denomi- 
nated the  Post  Office  Department,  and  there  shall  be  a  prin- 
cipal officer  therein,  to  be  called  the  Postmaster  General, 
who  shall  perform  such  duties  in  relation  to  post  offices  and 
post  routes,  as  shall  be  enjoined  on  him  by  the  President  of 
the  Confederate  States,  agreeably  to  the  Constitution  and 
the  laws  of  the  land,  who  shall  be  paid  an  annual  salary  to 
be  fixed  by  law,  and  have  power  to  appoint  a  chief  clerk, 
and  such  inferior  clerks  as  may  be  found  necessary,  who 
shall  receive  such  compensation  as  may  be  fixed  by  law. 

Approved  February  21,  1861. 


No  29.]  AN  ACT 

To  organize  and  establish  an  Executive  Department,  to  be 
known  as  the  Department  of  Justice. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  from  and  after  the  passage  of  this  act,  there 
shall  be  an  executive  department  to  be  known  as  the  Depart- 
ment of  Justice.  The  principal  officer  at  the  head  of  said 
department  shall  be  denominated  the  Attorney  General,  who 
shall  be  paid  an  annual  salary  to  be  fixed  by  law,  and  who 
shall  have  the  power  to  appoint  a  clerk,  at  such  compensa- 
tion as  may  be  fixed  by  law. 

Sec  2.  It  shall  be  the  duty  of  the  Attorney  General  to 
prosecute  and  conduct  all  suits  in  the  Supreme  Court,  in 
which  the  Confederate  States  shall  be  concerned,  and  to  give 


50 

his  advice  and  opinion  upon  questions  of  law,  when  required 
by  the  President  of  the  Confederate  States,  or  when  re- 
quested by  any  of  the  heads  of  departments,  touching  any 
matters  that  may  concern  their  departments  on  subjects  be- 
fore them.  He  shall  also  have  supervisory  power  over  the 
accounts  of  the  marshals,  clerks,  and  officers  of  all  the 
courts  of  the  Confederate  States,  and  all  claims  against  the 
Confederate  States. 

Approved  February  21,  1861. 


No.  30.]  AN  ACT 

To  prescribe  the  Rates  of  Postage  in  the  Confederate  States 
of  America,  and  for  other  purposes. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  from  and  after  such  period  as  the  Post- 
master General  may  by  proclamation  announce,  there  shall 
be  charged  the  following  rates  of  postage,  to  wit :  For 
every  single  sealed  letter,  and  for  every  letter  in  manuscript 
or  paper  of  any  kind,  upon  which  information  shall  be  asked 
for  or  communicated  in  writing  or  by  marks  or  signs,  con- 
veyed in  the  mail  for  any  distance  between  places  within 
the  Confederate  States  of  America,  not  exceeding  five  hun- 
dred miles,  five  cents  ;  and  for  any  distance  exceeding  five 
hundred  miles  double  that  rate;  and  every  letter  or  parcel 
not  exceeding  half  an  ounce  in  weight  shall  be  deemed  a 
single  letter,  and  every  additional  weight  of  half  an  ounce,  or 
additional  weight  of  less  than  half  an  ounce,  shall  be  charged 
with  an  additional  single  postage ;  and  all  packages  con- 
taining other  than  printed  or  written  matter — and  money 
packages  are  included  in  this  class — shall  be  rated  by  weight 
as  letters  are  rated,  and  shall  be  charged  double  the  rates  of 
postage  on  letters  ;  and  all  drop  letters,  or  letters  placed  in 
any  post  office  not  for  transmission  but  for  delivery  only, 
shall  bo  charged  with  postage  at  the  rate  of  two  cents  each ; 
and  in  all  the  foregoing  cases  the  postage  must  be  pre-paid 
by  stamps ;  and  all  letters  which  shall  hereafter  be  adver- 
tised as  remaining  over  or  uncalled  for  in  any  post  office 
shall  be  charged  with  two  cents  each  in  addition  to  the  re- 
gular postage,  both  to  be  accounted  for  as  other  postages  of 
this  Confederacy. 


51 

Sec.  2.  And  be  it  further  enacted,  That  all  newspapers  not 
exceeding  three  ounces  in  weight  sent  from  the  office  of  pub- 
lication to  actual  and  bona  fide  subscribers,  shall  be  charged 
with  postage  as  follows,  to  wit :  The  postage  on  the  regular 
numbers  of  a  newspaper  published  weekly,  within  the  State 
where  published,  shall  be  six  and  one-half  cents  per  quar- 
ter ;  and  papers  published  semi-weekly,  double  that  rate  ; 
and  papers  published  thrice  a  week,  treble  that  rate ;  and 
papers  published  daily,  six  times  that  rate ;  and  the  postage 
on  all  newspapers  to  actual  subscribers  without  the  State 
where  published  shall  be  charged  double  the  foregoing 
rates.  And  periodicals  sent  from  the  office  of  publication 
to  actual  and  bona  fide  subscribers  shall  be  charged  with 
postage  as  follows,  to  wit:  The  postage  on  the  regular 
numbers  of  a  periodical  not  exceeding  one  and  a  half  ounces 
in  weight,  and  published  monthly,  within  the  State  where 
published,  shall  be  three  cents  per  quarter ;  if  published 
semi-monthly,  double  that  rate  ;  and  for  every  additional 
ounce  or  fraction  of  an  ounce,  double  the  foregoing  rates, 
shall  be  charged ;  and  periodicals  published  quarterly  or  bi- 
monthly shall  be  charged  one  cent  an  ounce ;  and  the  post^ 
age  on  all  periodicals  without  the  State  where  published., 
shall  be  double  the  specified  rates  ;  and  regular  subscribers. 
to  newspapers  and  periodicals  shall  be  required  to  pay  one 
quarter's  postage  in  advance.  And  there  shall  be  charged 
upon  every  other  newspaper,  and  each  circular  not  sealed, 
hand  bill,  engraving,  pamphlet,  periodical  and  magazine, 
which  shall  be  unconnected  with  any  manuscript  or  written 
matter,  not  exceeding  three  ounces  in  weight,  two  cents ; 
and  for  each  additional  ounce  or  fraction  of  an  ounce,  two 
cents  additional ;  and  in  all  cases  the  postage  shall  be  pre- 
paid by  stamps.  And  books,  bound  or  unbound,  not  Aveigh- 
ing  four  pounds  shall  be  deemed  mailable  matter,  and  shall 
be  charged  with  postage  to  be  pre-paid  by  stamps,  at  two 
cents  an  ounce  for  any  distance.  The  publishers  of  news- 
papers or  periodicals  may  send  to  each  other,  from  their 
respective  offices  of  publication,  free  of  postage,  one  copy 
of  each  publication. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  Postmaster  General  to  provide  and  furnish  to 
all  deputy  postmasters,  and  to  all  other  persons  applying 
and  paying  therefor,  suitable  postage  stamps  and  stamped 
envelopes,  of  the  denomination  of  two  cents,  five  cents,  and 
twenty    cents,  to  facilitate  the    pre-payment   of    postages. 


52 

provided  for  in  this  act ;  and  any  person  who  shall  forge  or 
counterfeit  any  postage  stamp  provided  or  furnished  under 
the  provisions  of  this  or  any  former  act,  whether  the  same 
are  impressed  or  printed  on  or  attached  to  envelopes  or  not, 
or  any  die,  plate,  or  engraving  therefor,  or  shall  make  or 
print,  or  knowingly  use  or  sell,  or  have  in  his  possession  with 
intent  to  use  or  sell,  any  such  false,  forged,  or  counterfeited 
die,  plate,  engraving,  or  postage  stamp,  or  who  shall  make 
<or  print,  or  authorize  or  procure  to  be  made  or  printed,  any 
postage  stamps  of  the  kind  provided  and  furnished  by  the 
Postmaster  General  as  aforesaid,  without  the  especial  au- 
thority and  direction  of  the  Post  Office  Department,  or  who, 
after  such  postage  stamps  have  been  printed,  shall,  with  in- 
tent to  defraud  the  revenues  of  the  Post  Office  Department, 
deliver  any  postage  stamps  to  any  peson  or  persons  other 
than  such  as  shall  be  authorized  to  receive  the  same  by  an 
instrument  of  writing,  duly  executed  under  the  hand  of  the 
Postmaster  General  and  the  seal  of  the  Post  Office  Depart- 
ment, shall,  on  conviction  thereof,  be  deemed  guilty  of 
felony,  and  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  not  exceeding  five  years,  or  by 
both  such  fine  and  imprisonment ;  and  the  expenses  of  pro- 
curing and  providing  all  such  postage  stamps  and  letter  en- 
velopes as  are  provided  for  or  authorized  by  this  act,  shall 
be  paid,  after  being  adjusted  by  the  Auditor  of  the  Post 
Office  Department,  on  the  certificate  of  the  Postmaster  Gen- 
eral, out  of  any  money  in  the  treasury  arising  from  the 
revenues  of  the  Post  Office  Department. 

Sec.  4.  And-be  it  further  enacted,  That  it  shall  be  the  duty 
of  every  postmaster  to  cause  to  be  defaced,  in  such  manner 
as  the  Postmaster  General  shall  direct,  all  postage  stamps  of 
this  Confederacy  attached  to  letters  deposited  in  his  office 
for  delivery,  or  to  be  sent  by  mail ;  and  if  any  postmaster 
sending  letters  in  the  mail  with  such  postage  stamps  at- 
tached shall  omit  to  deface  the  same  it  shall  be  the  duty  of 
the  postmaster  to  whose  office  such  letters  shall  be  sent  for 
delivery  to  deface  the  stamps  and  report  the  delinquent 
postmaster  to  the  Postmaster  General.  And  if  any  person 
shall  use  or  attempt  to  use  in  pre-payment  of  postage  any 
postage  stamps  which  shall  have  been  before  used  for  like 
purposes,  such  person  shall  be  subject  to  a  penalty  of  fifty 
dollars  for  every  such  offence,  to  be  recovered  in  the  name 
of  the  Confederate  States  of  America  in  any  court  of  com- 
petent jurisdiction. 


53 

Sec  5.  And  be  it  further  enacted,  That  from  and  after  the* 
day  when  this  act  goes  into  effect  the  franking  privilege 
shall  be  abolished;  Provided,  that  the  Postmaster  General 
and  his  chief  clerks  and  Auditor  of  the  Treasury  for  the 
Post  Office  Department  shall  be  and  they  are  hereby  au- 
thorized to  transmit  through  the  mail,  iree  of  postage,  any 
letters,  packages,  or  other  matters  relating  exclusively  to 
their  official  duties  or  to  the  business  of  the  Post  Office  De- 
partment ;  but  they  shall,  in  every  such  case,  indorse  on  the 
back  of  the  letter  or  package  to  be  sent  free  of  postage, 
over  their  own  signature,  the  words  "  Official  Business." 
And  for  any  such  indorsement  falsely  made,  the  person  so 
offending  shall  forfeit  and  pay  three  hundred  dollars.  And 
provided  further,  The  several  deputy  postmasters  throughout 
the  Confederate  States  shall  be  and  hereby  are  authorized 
to  send  through  the  mail,  free  of  postage,  all  letters  and 
packages  which  it  may  be  their  duty  or  they  may  have  oc- 
casion to  transmit  to  any  person  or  place,  and  which  shall 
relate  exclusively  to  the  business  of  their  respective  offices 
or  to  the  business  of  the  Post  Office  Department ;  but  in 
every  such  case  the  deputy  postmaster  sending  any  such 
letter  or  package  shall  indorse  thereon,  over  his  own  signa- 
ture, the  words  "  Post  Office  Business."  And  for  any 
and  every  such  indorsement  falsely  made,  the  person  making 
the  same  shall  forfeit  and  pay  three  hundred  dollars. 

Sec.  6.  And  be  it  further  enacted,  That  the  third  section 
of  an  act  entitled  "  An  act  further  to  amend  an  act  entitled 
'  An  act  to  reduce  and  modify  the  rates  of  postage  in  the 
United  States,  and  for  other  purposes,  passed  March  third, 
eighteen  hundred  and  fifty-one,'  "  approved  March  3d,  1855, 
whereby  the  letter  registration  system  was  established,  be 
and  is  hereby  repealed  from  and  after  the  day  when  this  act 
goes  into  effect. 

Sec.  7.  Be  it  further  enacted,  That  no  letters  shall  be 
carried  by  the  express  or  other  chartered  companies,  unless 
the  same  shall  be  pre-paid  by  being  enclosed  in  a  stamped 
envelope  of  this  Confederacy ;  and  any  company  violating 
the  provisions  of  this  act  shall  forfeit  and  pay  the  sum  of 
five  hundred  dollars  for  each  offence,  to  be  recovered  by  ac- 
tion of  debt  in  any  court  of  this  Confederacy  having  cog- 
nizance thereof,  in  the  name  and  for  the  use  of  this  Con- 
federacy. 

Sec  8.  Be  it  further  enacted,  That  the  Postmaster  General 
of  the  Confederate  States  be  and  is  hereby  authorized  to 


54 

make  all  necessary  arrangements  for  the  transmission  of  mails 
between  the  territories  of  this  and  other  governments,  sub- 
ject to  the  approval  of  the  President,  until  postal  treaties  can 
be  effected. 

Approved   Februay  23,  1861. 


No.  31.]  AN  ACT 

For  the  Relief  of  William  P.  Barker. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  William  P.  Barker,  a  citizen  of  the  State 
of  Alabama,  be  authorized  to  file  in  the  office  of  the  Attorney 
General,  a  specification  of  an  invention  claimed  to  have  been 
made  by  him,  as  an  improvement  in  the  mode  of  casting  ord- 
nance, and  that,  the  same  shall,  from  this  date,  operate  as  a 
caveat,  to  protect  his  said  invention  until  an  application  can 
be  made  for  a  patent  according  to  law. 

Approved   February  25,  1861. 


No.  32.]  A  RESOLUTION 

To  provide  an  Executive  Mansion. 

The  Congress  of  the  Confederate  States  of  America  do  resolve, 
That  the  committee  to  arrange  for  government  buildings  be 
authorized  to  lease  a  furnished  mansion  for  the  residence  of 
the  President  of  the  Confederate  States. 

Approved   February  25,  1861. 


No.  33.]  AN  ACT 

In  relation  to  Public  Printing. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  Secretary  of  Congress  shall,  after  each 
session,  prepare  for  publication  fair  copies  of  all  the  acts 


passed  by  Congress,  and  resolutions  of  a  public  nature  in- 
tended to  have  the  effect  of  laws,  together  with  the  Constitu- 
tions for  a  Provisional  and  Permanent  Government  of  this 
Confederacy,  adopted  by  this  Congress. 

Sec.  2.  The  acts  shall  be  arranged  under  appropriate  ti- 
tles, shall  bave  marginal  notes  to  each  section,  and  be  fully 
indexed. 

Sec.  3.  The  Secretary  shall  also  prepare  for  publication 
copies  of  the  public  journal  of  the  proceedings  of  this  Con- 
gress, and  a  full  index  for  the  same. 

Sec  4.  The  acts  and  journals,  when  prepared,  shall  be  de- 
livered to  the  public  printers,  who  shall,  without  delay,  pub- 
lish three  thousand  corjies  of  each,  in  a  style  equal  in  execu- 
tion, and  upon  paper  of  the  same  quality  in  every  respect, 
as  the  laws  of  the  United  States,  as  annually  published  by 
Messrs.  Little  &  Brown. 

Sec  5.  The  acts  of  Congress  thus  published  shall  be  bound 
by  the  public  printers  in  a  style  not  inferior  to  the  acts  of  the 
General  Assembly  of  the  State  of  Alabama,  for  which  service 
he  shall  receive  the  sum  of  twenty-five  cents  per  copy. 

Sec  6.  The  public  printers  shall  be  entitled  to  receive  as 
compensation  for  the  publication  of  the  laws  and  journal  the 
following  prices,  viz  : 

For  each  page  of  the  laws  and  journals,  including  press- 
work,  paper,  pressing,  folding  and  stitching,  the  sum  of  six 
dollars. 

Sec  7.  For  all  job  printing  ordered  by  Congress  the  pub- 
lic printers  shall  receive  the  following  compensation  and  no 
more,  viz  : 

First :  For  bills,  resolutions,  and  reports — For  composition 
per  page  (foolscap)  one  dollar  and  seventy-five  cents  ;  for 
press-work,  folding  and  stitching  one  hundred  copies,  twen- 
ty-five cents  per  page,  and  pro  rata  for  all  copies  over  one 
hundred. 

Second :  For  rules,  constitutions  and  other  pamphlets — 
For  composition,  per  page,  (octavo)  in  small  pica,  plain,  one 
dollar;  in  small  pica,  rule,  one  dollar  and  fifty  cents;  for 
brevier,  plain,  one  dollar  and  fifty  cents ;  for  brevier,  rule, 
two  dollars;  for  rule  and  figure  work  on  page  larger  than  royal 
octavo,  per  1000  ems,  one  dollar:  for  press-work,  including 
folding  and  stitching,  per  token,  seventy  cents. 

Third :  For  yeas  and  nays,  circular  letters,  and  other 
miscellaneous  printing  ordered  by  Congress — For  composi- 
tion, plain  work,  per   1000  ems,  seventy  cents ;   rule  and 


56 

figure  work  per  1000  ems,  one  dollar;  for  press-work,  in- 
cluding folding  and  stitching,  per  token  or  fraction  of  token, 
seventy-cents. 

Fourth  :  For  all  paper  on  which  printing  is  done  for  Con- 
gress, the  public  printer  shall  be  allowed  the  fair  market  cost 
thereof,  and  twenty  per  centum  additional  thereto. 

Fifth :  On  all  work  done  for  Congress  when  in  secret  ses- 
sion, the  public  printer  shall  receive  an  additional  compensa- 
tion of  ten  per  centum  on  the  above  rates. 

Sec.  8.  The  chief  officers  of  the  Executive  Departments 
of  the  Government  are  hereby  authorized  to  contract  for  all 
necessary  printing  in  connection  with  their  several  offices, 
in  no  case,  however,  at  higher  rates,  of  compensation  than 
hereinbefore  prescribed  for  work  done  for  Congress. 

Sec.  9.  The  Postmaster  General  shall  contract  for  the 
publication  of  all  post  bills  and  other  blanks  connected  with 
his  office,  not  exceeding  the  following  rates  :  For  composi- 
tion, including  rule  and  figure  work,  per  1000  ems,  fifty 
cents ;  for  press-work,  per  clean  token,  (the  sheets  not  to  be 
less  than  16  by  26  inches,)  fifty  cents  ;  for  paper,  ten  per  cent, 
on  actual  cost.  Nothing  shall  be  allowed  for  altering  the 
name  of  a  postmaster  on  a  post  bill  or  other  blank,  nor  shall 
there  be  an  additional  charge  for  composition  when  the  name 
ot  the  post-office  alone  is  changed.  But  the  printer  shall  be 
required  to  keep  always  on  hand,  forms  for  post-office  blanks, 
and  when  new  orders  are  given,  the  charge  shall  be  made 
only  for  the  press-work  and  paper,  and  such  new  composi- 
tion as  may  be  necessary. 

Sec.  10.  All  accounts  for  printing  clone  for  Congress  or 
any  one  of  the  Executive  Departments  shall,  before  the  same 
are  allowed  and  paid,  be  sworn  to  by  the  public  printer 
or  contractor ;  shall  be  accompanied  by  vouchers,  showing 
the  cost  of  the  paper  used  and  the  quantity  thereof,  and  shall 
be  certified  to  be  correctly  made  out  under  the  law  by  at 
least  tAvo  disinterested  practical  printers  in  no  way  connected 
with  the  office  or  business  of  the  claimant. 

Sec  11.  The  foregoing  rates  and  provisions  do  not  apply 
to  advertisements  in  public  gazettes  by  order  of  any  of  the 
Executive  Departments,  for  which  the  usual  fees  paid  by  other 
advertisers  shall  be  allowed.  But  no  advertisement  from 
any  of  the  Executive  Departments  shall  be  inserted  in  more 
than  three  public  gazettes  in  the  same  State. 

Sec  12.  When  printing  on  parchment  is  required  to  be 
done  for  an  Executive  Department,  the  parchment  shall  be 


57 

purchased  and  furnished  by  such  department,  and  a  special 
contract  made  for  such  printing,  not  exceeding  ten  dollars 
per  thousand  copies. 

Sec.  13.  There  shall  be  connected  with  the  Department 
of  Justice,  a  Bureau  of  Printing,  the  chief  officer  of  which 
shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Congress,  and  shall  be  known  as  the  Su- 
perintendent of  Public  Printing.  No  person  shall  be  eligible 
to  this  office  who  is  not  skilled  in  and  acquainted  with  the 
practical  details  of  the  business  of  printing  ;  nor  shall  the  Su- 
perintendent of  Public  Printing  be  in  any  manner,  directly 
or  indirectly,  interested  in  the  contracts  for  public  printing, 
nor  with  the  printing  office  at  which  the  same  is  done, 
nor  connected  with  any  newspaper  in  any  capacity  whatever. 

Sec  14.  It  shall  be  the  duty  of  the  Superintendent  to  su- 
pervise, direct  and  control  all  the  printing  done  by  order  of 
Congress,  or  under  contract  with  any  Executive  Depart- 
ment, as  to  the  quality  of  paper  to  be  used,  the  character 
of  type,  the  style  of  binding,  and  the  general  execution  of  the 
work ;  and  also  as  to  the  time  and  order  in  which  the  same 
shall  be  completed.  It  shall  be  his  duty  also  to  report  to  the 
head  of  the  department,  at  least  once  a  year,  the  condition 
of  the  public  printing,  stating  the  amount  paid  out  for  the 
same  on  each  contract,  specifying  the  amount  paid  out  under 
the  order  of  each  department,  and  giving  estimates  of  the 
probable  expenditure  for  the  succeeding  year ;  which  report 
shall  be  laid  before  the  Congress  by  the  President,  in  con- 
nection Avith  his  annual  message.  It  shall  be  his  duty  also 
to  take  from  every  contractor  for  public  printing  such  bond, 
with  good  security,  as  he  may  require,  not  exceeding  the 
probable  amount  of  the  contract  price  for  the  printing  to  be 
done  by  such  contractor,  and  conditioned  for  the  faithful 
performance  of  his  contract  in  every  particular.  Such  bonds 
shall  be  renewed  annually  by  contractors  whose  work  shall 
be  continuing  in  its  character  and  extends  beyond  the  year 
of  its  commencement. 

Sec.  15.  All  accounts  for  printing  done,  when  rendered  as 
hereinbefore  provided,  shall  be  audited  and  allowed  by  the 
Superintendent  of  Public  Printing  before  the  same  shall  be 
paid.  If  the  Superintendent  shall  refuse  to  receive  any 
work  done,  or  shall  refuse  to  allow  any  account  rendered, 
the  printer  or  contractor  may  appeal  from  such  decision  to  the 
head  of  the  department,  whose  decision,  on  the  appeal,  shall 
be  final  and  conclusive. 


58 

Sec  16.    All  laws  or  parts  of  laws  militating  against  the 
provisions  of  this  act  are  hereby  repealed. 

Approved  February  27,   1861. 


No.  34.]  AN  ACT 

To  declare  and  establish  the  Free  Navigation  of  the  Missis- 
sippi River. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  peaceful  navigation  of  the  Mississippi 
River  is  hereby  declared  free  to  the  citizens  of  any  of  the 
States  upon  its  borders,  or  upon  the  borders  of  its  navigable 
tributaries ;  and  all  ships,  boats,  rafts  or  vessels  may  navigate 
the  same,  under  such  regulations  as  may  be  established  by 
authority  of  law,  or  under  such  police  regulations  as  may  be 
established  by  the  States  within  their  several  jurisdictions. 

Sec  2.  Be  it  further  enacted,  All  ships,  boats,  or  vessels 
which  may  enter  the  waters  of  the  said  river  within  the  limits 
of  this  Confederacy,  from  any  port  or  place  beyond  the  said 
said  limits,  may  freely  pass  with  their  cargoes  to  any  other 
port  or  place  beyond  the  limits  of  this  Confederacy  without 
any  duty  or  hindrance,  except  light-money,  pilotage,  and 
other  like  charges :  but  it  shall  not  be  lawful  for  any  such 
ship,  boat  or  vessel  to  sell,  deliver,  or  in  any  way  dispose  of 
any  part  of  her  cargo,  or  land  any  portion  thereof  for  the 
purpose  of  sale  and  delivery  within  the  limits  of  this  Confed- 
eracy ;  and  in  case  any  portion  of  such  cargo  shall  be  sold  or 
delivered,  or  landed  for  that  purpose  in  violation  of  the  pro- 
visions of  this  act,  the  same  shall  be  forfeited,  and  shall  be 
seized  and  condemned  by  a  proceeding  in  admiralty,  before 
the  court  having  jurisdiction  of  the  same  in  the  district  in 
which  the  same  may  be  found ;  and  the  ship,  boat  or  vessel 
shall  forfeit  four  times  the  amount  of  the  value  of  the  duties 
chargeable  on  the  said  goods,  wares  or  merchandise  so  landed, 
sold  or  disposed  of  in  violation  of  the  provisions  of  this  act, 
to  be  recovered  by  a  proper  proceeding  in  admiralty  before 
the  said  court,  in  the  district  in  which  such  ship,  boat,  or 
vessel  may  be  found,  one-half  for  the  use  of  the  collector  of 
the  district,  who  shall  institute  and  conduct  such  proceeding, 
the  other  half  for  the  use   of  the  Government  of  the   Con- 


59 

federate  States :  Provided,  That  if  any  such  ship,  boat  or 
vessel  shall  be  stranded,  or  from  any  cause  become  unable  to 
proceed  on  its  voyage,  the  cargo  thereof  may  be  landed  and 
the  same  be  entered  at  the  nearest  port  of  entry,  in  the 
same  manner  as  goods,  wares  and  merchandise  regularly  con- 
signed to  said  port ;  and  the  person  so  entering  the  same 
shall  be  entitled  to  the  benefit  of  drawback  of  duties  or  of 
warehousing  said  goods,  wares  and  merchandise  as  provided 
by  law  in  other  cases. 

Sec.  3.  And  be  it  further  enacted,  If  any  person  having 
the  charge  of  or  being  concerned  in  the  transportation  of 
any  goods,  wares  or  merchandize  upon  the  said  river,  shall, 
with  intent  to  defraud  the  revenue,  break  open  or  unpack, 
within  the  limits  of  the  Confederate  States,  any  part  of  the 
merchandize  entered  for  transportation  beyond  the  said 
limits,  or  shall  exchange  or  consume  the  same,  or  with  like 
intent  shall  break  or  deface  any  seal  or  fastening  placed 
thereon  by  any  officer  of  the  revenue,  or  if  any  person  shall 
deface,  alter  or  forge  any  certificate  granted  for  the  pro- 
tection of  merchandize  transported  as  aforesaid,  each  and 
every  person  so  offending  shall  forfeit  and  pay  five  hundred 
dollars,  and  shall  be  imprisoned  not  less  than  one  or  more 
than  six  months,  at  the  discretion  of  the  court  before  which 
such  person  shall  be  convicted. 

Sec.  4.  Be  it  further  enacted,  In  case  any  ship,  boat  or 
vessel  shall  enter  the  waters  of  the  said  river  within  the 
limits  of  the  Confederate  States,  having  on  board  «ny  goods, 
wares  or  merchandize  subject  to  the  payment  of  duties,  and  the 
master,  consignee  or  owner  shall  desire  to  land  the  same  for 
sale  or  otherwise,  it  shall  be  lawful  to  enter  said  goods,  wares 
and  merchandize  at  any  port  of  entry,  in  the  same  manner 
as  goods,  wares  or  merchandize  regularly  consigned  to  the 
said  port,  or  to  forwar  1  them  under  bond  or  seal,  according 
to  the  regulations  customary  in  such  cases,  when  consigned 
to  any  port  or  place  beyond  the  limits  of  this  Confederacy, 
and  on  payment  of  the  duties  on  said  goods,  to  obtain  from 
the  collector  a  license  to  land  the  same  at  any  point  on  the 
river ;  and  when  goods,  wares  or  merchandize  shall  be  enter- 
ed as  aforesaid,  the  owner,  importer  or  consignee  shall  be 
entitled  to  the  benefit  of  drawback  of  duties  or  of  warehous- 
ing the  said  goods,  wares  and  merchandize,  as  is  provided  by 
law,  upon  complying  with  all  the  laws  and  regulations  which 
apply^to  cases  of  entry  for  drawback  or  warehousing  re- 
spectively. 


60 

Sec.  5.  Be  it  further  enacted,  When  any  such  ship,  boat 
or  vessel,  having  on  board  goods,  wares  and  merchandize 
subject  to  the  payment  of  duties,  as  set  forth  in  the  fourth 
section,  shall  arrive  at  the  first  port  of  her  entry  of  the 
Confederate  States,  the  master  or  person  in  command  of 
such  ship,  boat  or  vessel  shall,  before  he  pass  the  said  port, 
and  immediately  after  his  arrival,  deposit  with  the  collector 
a  manifest  of  the  cargo  on  board  subject  to  the  payment  of 
duties,  and  the  said  collector  shall,  after  registering  the 
same,  transmit  it,  duly  certified  to  have  been  deposited,  to 
the  officers  with  whom  the  entries  are  to  be  made,  and  the 
said  collector  may,  if  he  judge  it  necessary  for  the  security 
of  the  revenue,  put  an  inspector  of  the  customs  on  board 
any  such  ship,  boat  or  vessel,  to  accompany  the  same  until 
her  arrival  at  the  first  port  of  entry  to  which  her  cargo  may 
be  consigned ;  and  if  the  master  or  person  in  command  shall 
omit  to  deposit  a  manifest  as  aforesaid,  or  refuse  to  receive 
such  inspector  on  board,  he  shall  forfeit  and  pay  five  hun- 
dred dollars,  with  costs  of  suit,  one-half  to  the  use  of  the 
officer  with  whom  the  manifest  should  have  been  deposited, 
and  the  other  half  to  the  use  of  the  collector  of  the  district 
to  which  the  vessel  was  bound :  Provided,  however,  That 
until  ports  of  entry  shall  be  established  above  the  city  of 
Vicksburg,  on  the  Mississippi  River,  the  penalties  of  this 
act  shall  not  extend  to  the  delivery  of  goods  above  that  port 
by  vessels  or  boats  descending  said  river. 

Approved  February  25,  1861. 


No.  35.]  AN  ACT 

To  modify  the  Navigation  Laws    and  repeal  all  Discrimina- 
ting Duties  on  Ship's  or  Vessels. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  all  laws  which  forbid  the  employment  in 
the  coasting  trade  of  ships  or  vessels  not  enrolled  or  licensed, 
and  also  all  laws  which  forbid  the  importation  of  goods, 
wares  or  merchandize  from  one  port  of  the  Confederate 
States,  to  another  port  of  the  Confederate  States,  or  from  any 
foreign  port  or  place,  in  a  vessel  belonging  wholly  or  in  part 
to  a  subject  or  citizen  of  any  foreign  State  or  power,  are 
hereby  repealed. 


61 


Sec.  2.  All  laws  which  impose  any  discriminating  duty 
on  the  tonnage  of  ships  or  vessels  owned  by  any  subject  or 
citizen  of  any  foreign  State  or  power,  or  upon  goods,  wares 
or  merchandize  imported  in  any  such  ship  or  vessel,  are 
hereby  repealed. 

Approved  February  26,  1861. 


No.  36.]  AN  ACT 

To  define  more  accurately  the  exemption   of  certain  Goods 
from   Duty. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
lhat  the  exemption  from  duties  allowed  by  the  act  to  «  Ex- 
empt  from  duties  certain  commodities  therein  named,  and 
for  other  purposes,"  passed  on  the  eighteenth  day  of  Feb- 
ruary, 1861,  shall  extend  only  to  such  goods,  bona  fide  pur- 
chased on  or  before  the  twenty-eighth  day  of  February 
instant,  as  shall  have  been  actually  laden  on  board  of  the 
exporting  vessel  or  conveyance  destined  for  any  port  in  this 
Confederacy,  on  or  before  the  fifteenth  day  of  March  in  the 
present  year.  ' 

Approved  February  26,  1861. 


No.  37.]  AN  ACT 

For  the  Establishment  and  Organization  of  a  General  Staff 
for  the  Army  of  the  Confederate  States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  from  and  after  the  passage  of  this  act  the 
general  staff  of  the  army  of  the  Confederate  States  'shall 
consist  of  an  Adjutant  and  Inspector  General's  Department 
Quartermaster  General's  Department,  Subsistence  Depart- 
ment, and  the  Medical  Department. 

Sec  2.  Be  it  further  enacted,  That  the  Adjutant  and  In- 
spector General's  Department  shall  consist  of  one  Adjutant 
and  Inspector  General  with  the  rank    of  Colonel   four  As 


62 

sistant  Adjutants  General  with  the  rank  of  Major,  and  four 
Assistant  Adjutants  General  with  the  rank  of  Captain. 

Sec.  3.  Be  it  further  enacted,  That  the  Quartermaster 
General's  Department  shall  consist  of  one  Quartermaster 
General  with  the  rank  of  Colonel,  six  Quartermasters  with 
the  rank  of  major ;  and  as  many  Assistant  Quartermasters 
as  may  from  time  to  time  be  required  by  the  service  may  be 
detailed  by  the  War  Department  from  the  subalterns  of  the 
line,  who,  in  addition  to  their  pay  in  the  line,  shall  receive 
twenty  dollars  per  month  while  engaged  in  that  service. 
The  Quartermasters  herein  provided  for  shall  also  discharge 
the  duties  of  Paymasters,  under  such  regulations  as  may  be 
prescribed  by  the  Secretary  of  War. 

Sec  4.  Be  it  further  enacted,  That  the  Commissary  Gen- 
eral's Department  shall  consist  of  one  Commissary  General 
with  the  rank  of  Colonel,  four  Commissaries  with  the  rank 
of  Captain ;  and  as  many  Assistant  Commissaries  as  may 
from  time  to  time  be  required  by  the  service  may  be  detail- 
ed by  the  War  Department  from  the  subalterns  of  the  line, 
who,  in  addition  to  their  pay  in  the  line,  shall  receive  twen- 
ty dollars  per  month  while  engaged  in  that  service.  The 
Assistant  Quartermasters  and  Assistant  Commissaries  shall 
be  subject  to  duties  in  both  departments  at  the  same  time, 
but  shall  not  receive  the  additional  compensation  but  in  one 
department. 

Sec.  5.  And  be  it  further  enacted,  That  the  Medical  De- 
partment shall  consist  of  one  Surgeon  General  with  the  rank 
of  Colonel,  four  Surgeons  with  the  rank  of  Major,  and  six 
Assistant  Surgeons  with  the  rank  of  Captain ;  and  as  many 
Assistant  Surgeons  as  the  service  may  require  may  be  em- 
ployed by  the  Department  of  War,  and  receive  the  pay  of 
Assistant  Surgeons. 

Sec.  6.  Be  it  further  enacted,  That  the  officers  of  the  Ad- 
jutant General's,  Quartermaster  General's  and  Commissary 
General's  Department,  though  eligible  to  command,  accord- 
ing to  the  rank  they  hold  in  the  army  of  the  Confederate 
States  of  America,  shall  not  assume  command  of  troops, 
unless  put  on  duty  under  orders  which  specially  so  direct  by 
authority  of  the  President.  The  officers  of  the  Medical 
Department  shall  not  exercise  command  except  in  their  own 
department. 

Sec  7.  Be  it  further  enacted,  That  the  staff  officers  here- 
in provided  for  shall  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the   Congress,  and  shall  re- 


63 

ceive  such  pay  and  allowances  as  shall  be   hereafter  estab- 
lished by  law. 

Approved  February  26,  1861. 


No.  38.]  AN  ACT 

To  authorize  the  Secretary  of  the  Treasury  to  establish  ad- 
ditional Ports  and  places  of  Entry  and  Delivery,  and  ap- 
point Officers  therefor. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  the  Secretary  of  the  Treasury  be  and  he 
is  hereby  authorized  and  empowered  to  establish  such  ports 
of  entry  and  delivery  of  goods,  wares  and  merchandize  as 
in  his  judgment  may  be  necessary  for  the  proper  collection 
of  the  customs  and  the  enforcement  of  the  revenue  laws  of 
the  Confederate  States ;  and  that  he  have  power  to  change, 
alter  and  abolish  such  ports  and  places  of  entry  and  de- 
livery at  any  time  when  the  public  interests  may  re- 
quire it. 

Sec  2.  And  be  it  further  enacted,  That  the  Secretary  of 
the  Treasury  be  and  he  is  hereby  authorized  and  empower- 
ed to  appoint  suitable  persons  as  collectors  of  the  customs 
at  such  ports  and  places  of  entry  and  delivery,  under  such 
regulations  and  with  such  salaries  as  he  may  from  time  to 
time  prescribe  and  establish. 

Approved  February  28,  1861. 


No.  40.]  AN  ACT 

To  authorize  the  Secretary  of  State  to  appoint  an  Assistant. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  Secretary  of  State  be  and  he  is  hereby  authorized 
and  empowered  to  appoint  an  assistant,  who  shall  be  known 
as  the  Assistant  Secretary  of  State,  who  shall  perform  such 
duties  as  may  be  assigned  him  by  the  Secretary,  and  re- 
ceive such  compensation  for  his  services  as  may  be  fixed  by 
law. 

Approved  February  27,  1861. 


64 

No.  41.]  AN  ACT 

To  raise  Money  for  the  support  of  the  Government,  and  to 
provide  for  the  Defence  of  the  Confederate  States  of 
America. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  President  of  the  Confederate  States 
be  and  he  is  hereby  authorized,  at  any  time  within  twelve 
months  after  the  passage  of  this  act,  to  borrow,  on  the  credit 
of  the  Confederate  States,  a  sum  not  exceeding  fifteen  mil- 
lions of  dollars,  or  so  much  thereof  as  in  his  opinion  the  ex- 
igencies of  the  public  service  may  require,  to  be  applied  to 
the  payment  of  appropriations  made  by  law  for  the  support 
of  the  Government  and  for  the  defences  of  the  Confederate 
States. 

Sec.  2.  The  Secretary  of  the  Treasury  is  hereby  author- 
ized, by  the  consent  of  the  President  of  the  Confederate 
States,  to  cause  to  be  prepared  certificates  of  stock  or  bonds, 
in  such  sums  as  are  hereinafter  mentioned,  for  the  amount  to 
be  borrowed  as  aforesaid,  to  be  signed  by  the  Register  of  the 
Treasury  and  sealed  with  the  seal  of  the  Treasury ;  and  the 
said  certificates  of  stock  or  bonds  shall  be  made  payable  at 
the  expiration  of  ten  years  from  the  first  day  of  September 
next;  and  the  interest  thereon  shall  be  paid  semi-annually, 
at  the  rate  of  eight  per  cent,  per  annum,  at  the  Treasury 
and  such  other  place  as  the  Secretary  of  the  Treasury  may 
designate.  And  to  the  bonds  which  shall  be  issued  as  afore- 
said shall  be  attached  coupons  for  the  semi-annual  interest 
which  shall  accrue,  which  coupons  may  be  signed  by  offi- 
cers to  be  appointed  for  the  purpose  by  the  Secretary  of  the 
Treasury.  And  the  faith  of  the  Confederate  States  is  here- 
by pledged  for  the  due  payment  of  the  principal  and  interest 
of  the  said  stock  and  bonds. 

Sec  3.  At  the  expiration  of  five  years  from  the  first  day 
of  September  next,  the  Confederate  States  may  pay  up  any 
portion  of  the  bonds  or  stocks,  upon  giving  three  months 
previous  public  notice,  at  the  seat  of  Government,  of  the  par- 
ticular stocks  or  bonds  to  be  paid,  and  the  time  and  place  of 
payment ;  and  from  and  after  the  time  so  appointed,  no  fur- 
ther interest  shall  be  paid  on  said  stock  or  bonds. 

Sec  4.  The  certificates  of  stock  and  bonds  shall  be  issued 
in  such  form  and  for  such  amounts  as  may  be  determined  by 
the  Secretary  of  the  Treasury,  and  may  be  assigned  or  de- 


65 

livered  under  sucli  regulations  as  lie  may  establish.  But 
none  of  them  shall  be  for  a  less  sum  than  fifty  dollars,  and 
he  shall  report  to  Congress,  at  its  next  session,  a  statement 
in  detail  of  his  proceedings,  and  the  rate  at  which  the  loans 
may  have  been  made,  and  all  the  expenses  attending  the 
same. 

Sec.  5.  From  and  after  the  first  day  of  August,  1861, 
there  shall  be  levied  and  collected  and  paid  a  duty  of  one- 
eighth  of  one  cent,  per  pound  on  all  cotton  in  the  raw  state 
exported  from  the  Confederate  States,  which  duty  is  hereby 
specially  pledged  to  the  due  payment  of  interest  and  princi- 
pal of  the  loan  provided  for  in  this  act;  and  the  Secretary 
of  the  Treasury  is  hereby  authorized  and  required  to  estab- 
lish a  sinking  fund  to  carry  into  effect  the  provisions  of  this 
section :  Provided,  however,  That  the  interest  coupons,  is- 
sued under  the  second  section  of  this  act,  when  due,  shall 
be  receivable  in  payment  of  the  export  duty  on  cotton : 
Provided,  also,  That  when  the  debt  and  interest  thereon 
herein  authorized  to  be  contracted  shall  be  extinguished,  or 
the  sinking  fund  provided  for  that  purpose  shall  be  ad- 
equate to  that  end,  the  said  export  duty  shall  cease  and 
determine. 

Approved  February  28,  1861. 


No.  42.]  AN  ACT 

Supplemental  to  an  act  to  regulate  the  Rates  of  Postage  and 
for  other  purposes. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  until  postage  stamps  and  stamped  envel- 
opes can  be  procured  and  distributed,  the  Postmaster  Gen- 
eral may  order  the  postage  of  the  Confederacy  to  be 
prepaid  in  money,  under  such  rules  and  regulations  as  he 
may  adopt. 

Sec.  2.  Bz  it  further  enacted,  That  until  otherwise  provid- 
ed by  law,  the  Postmaster  General  may  contract  with  any 
line  of  steamers  for  the  transportation  of  mail  matter  be- 
tween the  ports  of  this  Confederacy  and  the  ports  of  foreign 
governments :  Provided,  That  the  rates  of  postage  shall  not 
exceed  the  rates  allowed  by  the  present  laws  of  the  United; 


66 

States  for  similar  service,  and  the  compensation  ..to  be  paid 
shall  not  exceed  the  income  from  postage  on  such  matter. 

Approved  March  1,  1861. 


No.  43.]  AN  ACT 

To  raise  Provisional  Forces  for  the  Confederate  States  of 
America,  and  for  other  purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  to  enable  the  Government  of  the  Confed- 
erate States  to  maintain  its  jurisdiction  over  all  questions 
of  peace  and  war,  and  to  provide  for  the  public  defence,  the 
President  be  and  he  is  hereby  authorized  and  directed  to 
assume  control  of  all  military  operations  in  every  State, 
having  reference  to  or  connection  with  questions  between 
said  States,  or  any  of  them,  and  powers  foreign  to  them. 

Sec.  2.  Be  it  further  enacted,  That  the  President  is 
hereby  authorized  to  receive  from  the  several  States  the 
arms  and  munitions  of  war  which  have  been  acquired  from 
the  United  States,  and  which  are  now  in  the  forts,  arsenals 
and  navy  yards  of  said  States,  and  all  other  arms  and  mu- 
nitions which  they  may  desire  to  turn  over  and  make  charge- 
able to  this  government. 

Sec  3.  And  be  it  further  enacted,  That  the  President  be  au- 
thorized to  receive  into  the  service  of  this  Government  such 
forces  now  in  the  service  of  said  States  as  may  be  tendered, 
or  who  may  volunteer,  by  consent  of  their  State,  in  such 
numbers  as  he  may  require,  for  any  time  not  less  than  twelve 
months,  unless  sooner  discharged. 

Sec  4.  Be  it  further  enacted,  That  such  forces  may  be 
ireceived,  with  their  officers,  by  companies,  battalions  or 
regiments,  and  when  so  received  shall  form  a  part  of  the 
Provisional  Army  of  the  Confederate  States,  according  to 
the  terms  of  their  enlistment;  and  the  President  shall  ap- 
point, by  and  with  the  advice  and  consent  of  Congress,  such 
general  officer  or  officers  for  said  forces  as  may  be  necessa- 
ry for  the  service. 

Sec  5.  Be  it  further  enacted,  That  said  forces,  when  re- 
ceived into  the  service  of  this  Government,  shall  have  the 
.same  pay  and   allowances  as   may  be   provided  by   law  for 


67 

volunteers  entering  the  service,  or  for  the  army  of  the  Con- 
federate States,  and  shall  be  subject  to  the  same  rules  and 
government. 

Approved  February  28,  1861. 


No.  44.]  AN  ACT 

To  admit  Texas  as  a  member  of  the  Confederate  States  of 

America. 

The  Congress  of  the  Confederate  States  of  America  do  enact9 
That  the  State  of  Texas  be  and  is  hereby  admitted  as  a 
member  of  this  Confederacy,  upon  an  equal  footing  with  the 
other  Confederate  States. 

Approved  March  2,  1861. 


No.  45.]  A  RESOLUTION 

In  relation  to  Patents  and  Caveats. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  all  persons,  being  citizens  of  the  Confederate  States, 
who  may  wish  to  procure  patents  or  file  caveats  for  inven- 
tions and  useful  discoveries  and  improvements,  may  file  in 
the  office  of  the  Attorney  General  a  specification  of  such 
invention,  discovery  or  improvement,  together  with  such 
descriptive  drawings  as  may  be  necessary ;  and  such  speci- 
fication, when  so  filed,  shall  operate  as  a  caveat  to  protect 
the  rights  of  such  persons,  until  regular  application  can  bo 
made  according  to  law ;  and  this  resolution  shall  apply  to 
all  patents  heretofore  granted  by  the  United  States  to  citi- 
zens of  this  Confederacy,  and  to  caveats  heretofore  filed  by 
such  citizens  in  the  Patent  Office  of  the  United  States,  on 
such  patents  and  copies  of  such  caveats  being  deposited  as 
aforesaid,  in  the  office  of  the  Attorney  General :  Provided, 
That  such  applicants  shall  pay  such  fees  as  may  hereafter 


68 

be  required  by  law  establishing  a  patent  office,  on  applica- 
tion for  patents  and  filing  of  caveats. 

Approved  March  4,  1861. 


No.  48.]  AN  ACT 

To  provide  for  the  Public  Defence. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  in  order  to  provide  speedily  forces  to  repel 
invasion,  maintain  the  rightful  possession  of  the  Confederate 
States  of  America  in  every  portion  of  territory  belonging 
to  each  State,  and  to  secure  the  public  tranquility  and  in- 
dependence against  threatened  assault,  the  President  be  and 
he  is  hereby  authorized  to  employ  the  militia,  military  and 
naval  forces  of  the  Confederate  States  of  America,  and  to 
ask  for  and  accept  the  services  of  any  number  of  volun- 
teers, not  exceeding  one  hundred  thousand,  who  may  offer 
their  services,  either  as  cavalry,  mounted  riflemen,  artillery 
or  infantry,  in  such  proportion  of  these  several  arms  as  he 
may  deem  expedient,  to  serve  for  twelve  months  after  they 
shall  be  mustered  into  service,  unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted,  That  the  militia,  when 
called  into  service  by  virtue  of  this  act  or  any  other  act,  if 
in  the  opinion  of  the  President  the  public  interest  requires, 
may  be  compelled  to  serve  for  a  term  not  exceeding  six 
months  after  they  shall  be  mustered  into  service,  unless 
sooner  discharged. 

Sec  3.  And  be  it  further  enacted,  That  said  volunteers 
shall  furnish  their  own  clothes,  and,  if  mounted  men,  their 
own  horses  and  horse  equipments ;  and  when  mustered  into 
service,  shall  be  armed  by  the  States  from  which  they  come, 
or  by  the  Confederate  States  of  America. 

Sec.  4.  And  be  it  further  enacted,  That  said  volunteers 
shall,  when  called  into  actual  service,  and  while  remaining 
therein,  be  subject  to  the  rules  and  articles  of  war,  and  in- 
stead of  clothing,  every  non-commissioned  officer  and  pri- 
vate in  any  company  shall  be  entitled,  when  called  into 
actual  service,  to  money  in  a  sum  equal  to  the  cost  of  cloth- 
ing of  a  non-commissioned  officer  or  private  in  the  regular 
army  of  the  Confederate  States  of  America, 


69 

Sec.  5.  And  be  it  further  enacted,  That  the  said  volunteers 
so  offering  their  services  may  be  accepted  by  the  President 
in  companies,  squadrons,  battalions  and  regiments,  whose 
officers  shall  be  appointed  in  the  manner  prescribed  by  law 
in  the  several  States  to  which  they  shall  respectively  belong ; 
but  when  inspected,  mustered,  and  received  into  the  service 
of  the  Confederate  States,  said  troops  shall  be  regarded  in 
all  respects  as  a  part  of  the  army  of  said  Confederate  States, 
according  to  the  terms  of  their  respective  enlistments. 

Sec.  6.  And  be  it  further  enacted,  That  the  President  is 
hereby  authorized  to  organize  companies  so  tendering  their 
services  into  battalions  or  squadrons,  battalions  or  squad- 
rons into  regiments,  regiments  into  brigades,  and  brigades 
into  divisions,  whenever  in  his  judgment  such  organization 
may  be  expedient ;  and  whenever  brigades  or  divisions  shall 
be  organized,  the  President  shall  appoint  the  commanding 
officers  for  such  brigades  and  divisions,  subject  to  the  con- 
firmation of  Congress,  who  shall  hold  their  offices  only  while 
such  brigades  and  divisions  are  in  service ;  and  the  Presi- 
dent shall,  if  necessary,  apportion  the  staff  and  general 
officers  among  the  respective  States  from  which  the  volun- 
teers shall  tender  their  services,  as  he  may  deem  proper. 

Sec  7.  And  be  it  furthei  enacted,  That  whenever  the  mi- 
litia or  volunteers  are  called  and  received  into  the  service  of 
the  Confederate  States,  under  the  provisions  of  this  act, 
they  shall  have  the  same  organization,  and  shall  have  the 
same  pay  and  allowances  as  may  be  provided  for  the  regular 
army ;  and  all  mounted  non-commissioned  officers,  privates, 
musicians  and  artificers,  shall  be  allowed  forty  cents  per 
day  for  the  use  and  risk  of  their  horses ;  and  if  any  volun- 
teer shall  not  keep  himself  provided  with  a  serviceable 
horse,  such  volunteer  shall  serve  on  foot.  For  horses 
killed  in  action,  volunteers  shall  be  allowed  compensation 
according  to  their  appraised  value  at  the  date  of  muster 
into  service. 

Sec.  8.  And  be  it  further  enacted,  That  the  field  and  staff 
officers  of  a  separate  battalion  of  volunteers  shall  be  one 
lieutenant  colonel  or  major,  one  adjutant  with  the  rank  of 
lieutenant,  one  sergeant-major,  one  quartermaster-sergeant, 
and  a  chief  bugler  or  principal  musician,  according  to  corps  ; 
and  that  each  company  shall  be  entitled  to  an  additional  2d 
lieutenant ;  and  that  the  President  may  limit  the  privates 
in  any  volunteer  company,  according  to  his  discretion,  at 
from  sixty-four  to  one  hundred. 


70 

Sec.  9.  And  be  it  further  enacted,  That  when  volunteers  or 
militia  are  called  into  the  service  of  the  Confederate  States 
in  such  numbers  that  the  officers  of  the  quartermaster,  com- 
missary, and  medical  departments,  which  may  be  authorized 
by  law  for  the  regular  service,  are  not  sufficient  to  provide 
for  the  supplying,  quartering,  transporting,  and  furnishing 
them  with  the  requisite  medical  attendance,  it  shall  be  law- 
ful for  the  President  to  appoint,  with  the  advice  and  con- 
sent of  the  Congress,  as  many  additional  officers  of  said 
departments  as  the  service  may  require,  not  exceeding  one 
commissary  and  one  quartermaster  for  each  brigade,  with 
the  rank  of  major,  and  one  assistant  quartermaster  with  the 
rank  of  captain,  one  assistant  commissary  with  the  rank  of 
captain,  one  surgeon  and  one  assistant  surgeon  for  each  re- 
giment ;  the  said  quartermasters  and  commissaries,  assist- 
ant quartermasters  and  commissaries,  to  give  bonds  with 
good  sureties  for  the  faithful  performance  of  their  duties, 
the  said  officers  to  be  allowed  the  same  pay  and  emoluments 
as  shall  be  allowed  to  officers  of  the  same  grade  in  the  regu- 
lar service,  and  to  be  subject  to  the  rules  and  articles  of  war, 
and  to  continue  in  service  only  so  long  as  their  services  may 
be  required  in  connection  with  the  militia  or  volunteers. 

Sec.  10.  And  be  it  further  enacted,  That  the  President  be  and 
he  is  hereby  authorized  to  purchase  or  charter,  arm,  equip  and 
man  such  merchant  vessels  and  steamships  or  boats  as  may 
be  found  fit  or  easily  converted  into  armed  vessels,  and  in 
such  number  as  he  may  deem  necessary  for  the  protection 
of  the  seaboard  and  the  general  defence  of  the  country. 

Approved  March  6,  1861. 


Wo.  49.]  AN  ACT 

To  repeal  so  much  of  the  Laws  of  the  Confederate  States  of 
America  as  prohibit  the  introduction  of  Liquors,  except 
in  casks  or  vessels  of  or  above  certain  named  capacity, 
and  for  other  purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  Arner- 
ca  do  enact,  That  all  laws  and  parts  of  laws  which  prohibit 
the  importation  into  this  Confederacy  of  beer,  ale  or  porter, 
or  distilled  spirits,  except  in  casks  or  vessels  not  below  cer- 


71 

tain  prescribed  capacities ;  also  all  laws  requiring  loaf  and 
refined  sugars  to  be  brought  in,  in  vessels  of  a  certain  ton- 
nage, and  in  packages  of  certain  sizes,  be  and  the  same  are 
hereby  repealed.  And  hereafter  it  shall  be  lawful  to  im- 
port the  same,  subject  to  the  payment  of  the  duties  pre- 
scribed by  law,  in  such  quantities  as  the  importer  shall 
choose. 

Approved  March  5,  1861. 


No.  50.]  AN  ACT 

To  provide  for  the  Registration  of  Vessels  owned  in  whole 
or  in  part  by  Citizens  of  the  Confederate  States. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  all  vessels,  wherever  built,  one-fourth  or  more  of 
which  shall  be  owned  by  a  citizen  or  citizens  of  the  Con- 
federate States,  and  commanded  by  a  citizen  thereof,  shall 
be  registered  as  a  vessel  of  the  Confederacy  at  the  custom- 
houses thereof:  Provided,  That  a  majority  in  interest  of  the 
owners  shall  consent  to  such  registration,  and  such  vessels 
be  not  registered  elsewhere. 

Approved  March  6,  1861. 


No.  51.]  AN  ACT 

To  establish  and  organize  a  Bureau  in  connection  with  the 
Department  of  the  Treasury,  to  be  known  as  the  Light- 
house Bureau. 

Section  1.  The  Congress  of  the  Confederate  States  do  enact, 
That  there  shall  be  established  in  connection  with  the  De- 
partment of  the  Treasury  a  bureau,  to  be  known  as  the 
Lighthouse  Bureau.     The  chief  officer  of  such  bureau  shall 


72 

be  a  captain  or  commander  of  the  navy,  detailed  for  this 
service  by  order  of  the  President  of  the  Confederate  States, 
who  shall  receive  as  his  compensation  the  same  pay  allowed 
to  officers  of  the  same  rank  in  the  navy.  There  shall  be 
appointed  also  a  chief  clerk,  with  a  salary  of  twelve  hun- 
dred dollars,  and  accounting  clerk,  with  a  salary  of  one 
thousand  dollars. 

Sec.  2.  All  lighthouses,  light  vessels,  buoys,  and  other 
aids  to  navigation,  all  the  officers  connected  therewith,  and 
all  matters  connected  with  the  construction,  repair,  illumi- 
nation, inspection  and  government  thereof,  and  all  duties 
appertaining  to  the  administration  of  lighthouse  affairs,  shall 
be  under  the  direction  and  control  of  the  Lighthouse  Bureau 
hereby  established,  subject  at  all  times  to  the  superintendence 
of  the  Secretary  of  the  Treasury. 

Sec  3.  The  chief  of  the  bureau  shall,  as  soon  as  possible, 
divide  the  sea  coasts  of  the  Confederate  States  into  districts 
not  exceeding  five  in  number,  as  the  Secretary  of  the  Trea- 
sury may  deem  expedient,  and  over  each  of  these  districts 
the  President  shall  appoint  an  inspector,  to  be  selected  from 
the  lieutenants  in  the  navy,  who  shall  discharge  all  the 
duties  of  inspection,  survey  or  otherwise  which  may  be  re- 
quired of  him  by  the  chief  of  the  bureau.  For  these  ser- 
vices the  inspectors  shall  receive  only  their  regular  pay  in 
the  navy. 

Sec.  4.  The  President  of  the  Confederate  States  may 
from  time  to  time,  at  the  request  of  the  Secretary  of  the 
Treasury,  detail  one  or  more  of  the  officers  of  the  engineer 
corps  of  the  army,  to  be  employed  under  the  direction  of 
the  Lighthouse  Bureau,  in  superintending  the  construction 
or  repair  of  lighthouses  or  other  necessary  structures  in 
connection  with  the  lighthouse  establishment,  or  other  simi- 
lar duty  assigned  by  the  Lighthouse  Bureau  in  connection 
therewith. 

Sec.  5.  The  chief  of  the  bureau  shall,  at  least  once  every 
year,  make  a  full  report  to  the  Secretary  of  the  Treasury, 
giving  a  full  statement  of  the  operations  of  the  lighthouse 
establishment.  He  shall  also  from  time  to  time  give  such 
information  to  the  Secretary  of  the  Treasury  as  he  may  re- 
quire in  reference  to  his  bureau. 

Sec.  6.  All  laws  and  parts  of  laws  contravening  the  pro- 
visions of  this  act  are  hereby  repealed. 

Approved  March  6,  1861. 


73 

No.  52.]  AN   ACT 

For  the  establishment  and  organization  of  the  Army  of  the 
Confederate  States  of  America. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ame- 
rica no  enact,  That  from  and  after  the  passage  of  this  act 
the  military  establishment  of  the  Confederate  States  shall 
be  composed  of  one  corps  of  engineers,  one  corps  of  artil- 
lery, six  regiments  of  infantry,  one  regiment  of  cavalry, 
and  of  the  staff  departments  already  established  by  law. 

Sec.  2.  The  Corps  of  Engineers  shall  consist  of  one  Col- 
onel, four  Majors,  five  Captains,  and  one  company  of  sap- 
pers, miners  and  pontoniers,  Avhich  shall  consist  of  ten  ser- 
geants or  master  workmen,  ten  corporals  or  overseers,  two 
musicians,  and  thirty-nine  privates  of  the  first  class,  or  ar- 
tificers, and  thirty-nine  privates  of  the  second  class,  or  la- 
borers, making  in  all  one  hundred. 

Sec.  3.  The  said  company  shall  be  officered  by  one  cap- 
tain of  the  corps  of  engineers,  and  as  many  lieutenants,  to 
be  selected  by  the  President  from  the  line  of  the  army,  as 
he  may  deem  necessary  for  the  service,  and  shall  be  in- 
structed in  and  perform  all  the  duties  of  sappers,  miners 
and  pontoniers,  and  shall,  moreover,  under  the  orders  of 
the  chief  engineer,  be  liable  to  serve  by  detachments  in 
overseeing  and  aiding  laborers  upon  fortifications  or  other 
works,  under  the  engineer  department,  and  in  supervising 
finished  fortifications,  as  fortkeepers,  preventing  injury  and 
making  repairs. 

Sec.  4.  It  shall  be  the  duty  of  the  colonel  of  the  engi- 
neer corps,  subject  to  the  approval  of  the  Secretary  of  War, 
to  prescribe  the  number,  quantity,  form,  dimensions,  &c,  of 
the  necessary  vehicles,  arms,  pontons,  tools,  implements, 
and  other  supplies  for  the  service  of  the  said  company  as  a 
body  of  sappers,  miners  and  pontoniers. 

Sec.  5.  The  Corps  of  Artillery,  which  shall  also  be  charged 
with  ordnance  duties,  shall  consist  of  one  colonel,  one 
lieutenant  colonel,  ten  majors,  and  forty  companies  of  artil- 
lerists and  artificers,  and  each  company  shall  consist  of  one 
captain,  two  first  lieutenants,  one  second  lieutenant,  four 
sergeants,  four  corporals,  two  musicians  and  seventy  pri- 
vates. There  shall  also  be  one  adjutant,  to  be  selected  by 
the  colonel  from  the  first  lieutenants,  and  one  sergeant- 
major,  to  be  selected  from  the  enlisted  men  of  the  corps. 


74 

The  President  may  equip  as  light  batteries,  of  six  pieces 
each,  such  of  these  companies  as  he  may  deem  expedient, 
not  exceeding  four  in  time  of  peace. 

Sec.  6.  Each  regiment  of  infantry  shall  consist  of  one 
colonel,  one  lieutenant  colonel,  one  major  and  ten  compa- 
nies ;  each  company  shall  consist  of  one  captain,  one  first 
lieutenant,  two  second  lieutenants,  four  sergeants,  four  cor- 
porals, two  musicians  and  ninety  privates ;  and  to  each  regi- 
ment there  shall  be  attached  one  adjutant,  to  be  selected 
from  the  lieutenants,  and  one  sergeant  major,  to  be  selected 
from  the  enlisted  men  of  the  regiment. 

Sec  7.  The  regiment  of  cavalry  shall  consist  of  one 
colonel,  one  lieutenant  colonel,  one  major  and  ten  companies, 
each  of  which  shall  consist  of  one  captain,  one  first  lieu- 
tenant, two  second  lieutenants,  four  sergeants,  four  corporals, 
one  farrier,  one  blacksmith,  two  musicians  and  sixty  privates. 
There  shall  also  be  one  adjutant  and  one  sergeant  major,  to 
be  selected  as  aforesaid. 

Sec  8.  There  shall  be  four  brigadier  generals,  who  shall 
be  assigned  to  such  commands  and  duties  as  the  President 
may  specially  direct,  and  shall  be  entitled  to  one  aid-de- 
camp, each,  to  be  selected  from  the  subalterns  of  the  line  of 
the  army,  who,  in  addition  to  their  duties  as  aid-de-camp, 
may  perform  the  duties  of  assistants  adjutant  general. 

Sec  9.  All  officers  of  the  army  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Con- 
gress, and  the  rank  and  file  shall  be  enlisted  for  a  term  not 
less  than  three  nor  more  than  five  years,  under  such  regula- 
tions as  may  be  established. 

Sec  10.  No  officer  shall  be  appointed  in  the  army  until 
he  shall  have  passed  an  examination  satisfactory  to  the  Pre- 
sident, and  in  such  manner  as  he  may  prescribe,  as  to  his 
character  and  fitness  for  the  service.  The  President,  how- 
ever, shall  have  power  to  postpone  this  examination  for  one 
year  after  appointment,  if  in  his  judgment  necessary  for  the 
public  interest. 

Sec  11.  All  vacancies  in  established  regiments  and 
corps,  to  and  including  the  rank  of  colonel,  shall  be  filled 
by  promotion  according  to  seniority,  except  in  case  of  disa- 
bility or  other  incompetency.  Promotions  to  and  including 
the  rank  of  colonel  shall  be  made  regimentally  in  the  infan- 
try and  cavalry,  in  the  staff  departments,  and  in  the  engi- 
neers and  artillery,  according  to  corps.     Appointments  to 


75 

the  rank  of  brigadier  general,  after  the  army  is  organized, 
shall  be  made  by  selection  from  the  army. 

Sec.  12.  The  President  of  the  Confederate  States  is 
hereby  authorized  to  appoint  to  the  lowest  grade  of  subal- 
tern officers  such  meritorious  non-commissioned  officers  as 
may,  upon  the  recommendation  of  their  colonels  and  com- 
pany officers,  be  brought  before  an  army  board,  specially 
convened  for  the  purpose,  and  found  qualified  for  the  duties 
of  commissioned  officers,  and  to  attach  them  to  regiments  or 
corps,  as  supernumerary  officers,  if  there  be  no  vacancies : 
Provided,  There  shall  not  be  more  than  one  so  attached  to 
any  one  company  at  the  same  time. 

Sec.  13.  The  pay  of  a  brigadier  general  shall  be  three 
hundred  and  one  dollars  per  month.  The  aid-de-camp  of  a 
brigadier  general,  in  addition  to  his  pay  as  lieutenant,  shall 
receive  thirty-five  dollars  per  month. 

Sec  14.  The  monthly  pay  of  the  officers  of  the  corps  of 
engineers  shall  be  as  follows  :  of  the  colonel,  two  hundred  and 
ten  dollars ;  of  a  major,  one  hundred  and  sixty-two  dollars ; 
of  a  captain,  one  hundred  and  forty  dollars  ;  lieutenants  ser- 
ving with  the  company  of  sappers  and  miners,  shall  receive 
the  pay  of  cavalry  officers  of  the  same  grade. 

Sec  15.  The  monthly  pay  of  the  colonel  of  the  corps  of 
artillery  shall  be  two  hundred  and  ten  dollars ;  of  a  lieuten- 
ant-colonel, one  hundred  and  eighty-five  dollars  ;  of  a  major, 
one  hundred  and  fifty  dollars,  and  when  serving  on  ordnance 
duty,  one  hundred  and  sixty-two  dollars ;  of  a  captain,  one 
hundred  and  thirty  dollars ;  of  a  first  lieutenant,  ninety  dol- 
lars ;  of  a  second  lieutenant,  eighty  dollars ;  and  the  adjutant 
shall  receive,  in  addition  to  his  pay  as  lieutenant,  ten  dollars 
per  month.  Officers  of  artillery  serving  in  the  light  artille- 
ry, or  performing  ordnance  duty,  shall  receive  the  same  pay 
as  officers  of  cavalry  of  the  same  grade. 

Sec  16.  The  monthly  pay  of  the  officers  of  the  infantry 
shall  be  as  follows :  of  a  colonel,  one  hundred  and  ninety-five 
dollars;  of  a  lieutenant-colonel,  one  hundred  and  seventy 
dollars  ;  of  a  major,  one  hundred  and  fifty  dollars ;  of  a  captain, 
one  hundred  and  thirty  dollars ;  of  a  first  lieutenant,  ninety 
dollars  ;  of  a  second  lieutenant,  eighty  dollars  ;  the  adjutant, 
in  addition  to  his  pay  as  lieutenant,  ten  dollars. 

Sec  17.  The  monthly  pay  of  the  officers  of  the  cavalry 
shall  be  as  follows :  of  a  colonel,  two  hundred  and  ten  dol- 
lars ;  of  a  lieutenant-colonel,  one  hundred  and  eighty-five 
dollars ;  a  major,  one  hundred  and  sixty-two  dollars ;  a  cap- 


76 

tain,  one  hundred  and  forty  dollars ;  a  first  lieutenant,  one 
hundred  dollars ;  a  second  lieutenant,  ninety  dollars  ;  the  ad- 
jutant, ten  dollars  per  month,  in  addition  to  his  pay  as  lieu- 
tenant. 

Sec.  18.  The  pay  of  the  officers  of  the  general  staff,  ex- 
cept those  of  the  medical  department,  shall  be  the  same  as 
that  of  officers  of  cavalry  of  the  same  grade.  The  surgeon- 
general  shall  receive  an  annual  salary  of  three  thousand  dol- 
lars, which  shall  be  in  full  of  all  pay  and  allowances,  except 
fuel  and  quarters.  The  monthly  pay  of  a  surgeon,  of  ten 
years'  service  in  that  grade,  shall  be  two  hundred  dollars ;  a 
surgeon  of  less  than  ten  years'  service  in  that  grade,  one 
hundred  and  sixty-two  dollars ;  an  assistant  surgeon  of  ten 
years'  service  in  that  grade,  one  hundred  and  fifty  dollars ; 
an  assistant  surgeon  of  five  years'  service  in  that  grade,  one 
hundred  and  thirty  dollars ;  and  an  assistant  surgeon  of  less 
than  five  years'  service,  one  hundred  and  ten  dollars. 

Sec.  19.  There  shall  be  allowed,  in  addition  to  the  pay 
hereinbefore  provided,  to  every  commissioned  officer,  except 
the  surgeon-general,  nine  dollars  per  month  for  every  five 
years'  service ;  and  to  the  officers  of  the  army  of  the  United 
States,  who  have  resigned  or  may  resign  to  be  received  into 
the  service  of  the  Confederate  States,  this  additional  pay 
shall  be  allowed  from  the  date  of  their  entrance  into  the  for- 
mer service.  There  shall  also  be  an  additional  monthly  al- 
lowance to  every  general  officer  commending  in  chief  a  sep- 
arate army  actually  in  the  field,  of  one  hundred  dollars. 

Sec.  20.  The  pay  of  officers  as  hereinbefore  established 
shall  be  in  full  of  all  allowances,  except  forage,  fuel,  quarters 
and  travelling  expenses  while  travelling  under  orders.  The 
allowance  of  forage,  fuel  and  quarters  shall  be  fixed  by  regu- 
lations and  shall  be  furnished  in  kind,  except  when  officers 
are  serving  at  stations  without  troops  where  public  quarters 
cannot  be  had,  in  which  case  they  may  be  allowed,  in  lieu  of 
forage,  eight  dollars  per  month  for  each  horse  to  which  they 
may  be  entitled,  provided  they  are  actually  kept  in  service 
and  mustered,  and  quarters  may  be  commuted  at  a  rate  to  be 
fixed  by  the  Secretary  of  War,  and  fuel  at  the  market  price 
delivered.  An  officer  when  travelling  under  orders  shall  be 
allowed  mileage  at  the  rate  of  ten  cents  per  mile. 

Sec.  21.  In  time  of  war,  officers  of  the  army  shall  be  en- 
titled to  draw  forage  for  horses,  according  to  grade,  as  fol- 
lows: A  brigadier-general,  four;  the  adjutant  and  inspector- 
general,  quartermaster-general,  commissary-general,  and  the 


77 

colonels  of  engineers,  artillery,  infantry  and  cavalry,  three 
each  ;  all  lieutenant-colonels  and  majors,  and  captains  of  the 
general  staff,  engineer  corps,  light  artillery  and  cavalry, 
three  each ;  lieutenants  serving  in  the  corps  of  engineers, 
lieutenants  of  light  artillery  and  of  cavalry,  two  each.  In 
time  of  peace  :  general  and  field  officers,  three ;  officers  below 
the  rank  of  field  officers,  in  the  general  staff,  corps  of  engi- 
neers, light  artillery  and  cavalry,  two ;  Provided,  in  all  cases 
that  the  horses  are  actually  kept  in  service  and  mustered. 
No  enlisted  man  in  the  service  of  the  Confederate  States 
shall  be  employed  as  a  servant  by  any  officer  of  the  army. 

Sec.  22.  The  monthly  pay  of  the  enlisted  men  of  the 
army  of  the  Confederate  States  shall  be  as  follows :  That  of 
a  sergeant  or  master  workman  of  the  engineer  corps,  thirty- 
four  dollars ;  that  of  a  corporal  or  overseer,  twenty  dollars ; 
privates  of  the  first  class,  or  artificers,  seventeen  dollars ; 
and  privates  of  the  second  class,  or  laborers,  and  musicians, 
thirteen  dollars.  The  sergeant-major  of  cavalry,  twenty- 
one  dollars;  first  sergeants,  twenty  dollars;  sergeants,  sev- 
enteen dollars  ;  corporals,  farriers  and  blacksmiths,  thirteen 
dollars ;  musicians,  thirteen  dollars ;  and  privates,  twelve 
dollars.  Sergeants-major  of  artillery  and  infantry,  twenty- 
one  dollars;  first  sergeants,  twenty  dollars  each;  sergeants, 
seventeen  dollars ;  corporals  and  artificers,  thirteen  dollars ; 
musicians,  twelve  dollars ;  and  privates  eleven  dollars  each. 
The  non-commissioned  officers,  artificers,  musicians  and 
privates  serving  in  light  batteries  shall  receive  the  same  pay 
as  those  of  cavalry. 

Sec  23.  The  President  shall  be  authorized  to  enlist  as 
many  master  armorers,  master  carriage-makers,  master  black- 
smiths, armorers,  carriage-makers,  blacksmiths,  artificers, 
and  laborers,  for  ordnance  service,  as  he  may  deem  neces- 
sary, not  exceeding  in  all  one  hundred  men,  who  shall  be 
attached  to  the  corps  of  artillery.  The  pay  of  a  master 
armorer,  master  carriage-maker,  master  blacksmith,  shall  be 
thirty-four  dollars  per  month ;  armorers,  carriage-makers 
and  blacksmiths,  twenty  dollars  per  month;  artificers,  sev- 
enteen dollars,  and  laborers,  thirteen  dollars  per  month. 

Sec  24.  Each  enlisted  man  of  the  army  of  the  Confede- 
rate States  shall  receive  one  ration  per  day,  and  a  yearly 
allowance  of  clothing,  the  quantity  and  kind  of  each  to  be 
established  by  regulations  from  the  War  Department,  to  be 
approved  by  the  President. 

Sec  25.  Rations  shall  generally  be  issued  in  kind,  but 


78 

"under  circumstances  rendering  a  commutation  necessary. 
The  commutation  value  of  the  ration  shall  be  fixed  by  regu- 
lations of  the  War  Department,  to  be  approved  by  the  Presi- 
dent. 

Sec.  26.  The  officers  appointed  in  the  army  of  the  Con- 
federate States  by  virtue  of  this  act,  shall  perform  all  mili- 
tary duties  to  which  they  may  be  severally  assigned  by 
authority  of  the  President,  and  it  shall  be  the  duty  of  the 
Secretary  of  War  to  prepare  and  publish  regulations,  pre- 
scribing the  details  of  every  department  in  the  service,  for 
the  general  government  of  the  army,  which  regulations  shall 
be  approved  by  the  President,  and  when  so  approved  shall 
be  binding. 

Sec.  27.  All  officers  of  the  quartermaster's  and  commis- 
sary departments  shall,  previous  to  entering  on  the  duties  of 
their  respective  offices,  give  bonds  with  good  and  sufficient 
sureties  to  the  Confederate  States,  in  such  sum  as  the  Secre- 
tary of  War  shall  direct,  fully  to  account  for  all  moneys  and 
public  property  which  they  may  receive. 

Sec  28.  Neither  the  quartermaster-general,  the  commis- 
sary-general, nor  any  or  either  of  their  assistants,  shall  be 
concerned,  directly  or  indirectly,  in  the  purchase  or  sale  of 
any  articles  intended  for,  making  a  part  of,  or  appertaining 
to  public  supplies,  except  for  and  on  account  of  the  Con- 
federate States ;  nor  shall  they,  or  either  of  them,  take  or  , 
apply  to  his  or  their  own  use  any  gain  or  emolument  for 
negotiating  any  business  in  their  respective  departments, 
other  than  what  is  or  may  be  allowed  by  law. 

Sec  29.  The  Rules  and  Articles  of  War  established  by 
the  laws  of  the  United  States  of  America  for  the  govern- 
ment of  the  army  are  hereby  declared  to  be  of  force,  except 
that  wherever  the  words  "United  States"  occur,  the  words 
"Confederate  States"  shall  be  substituted  therefor;  and 
except  that  the  articles  of  war  numbers  sixty-one  and  sixty- 
two  are  hereby  abrogated,  and  the  following  articles  substi- 
tuted therefor : 

Article  61.  Officers  having  brevets  or  commissions  of  a 
prior  date  to  those  of  the  corps  in  which  they  serve  will 
take  place  on  courts  martial  or  of  inquiry,  and  on  boards 
detailed  for  military  purposes,  when  composed  of  different 
corps,  according  to  the  ranks  given  them  in  their  brevet  or 
former  commissions,  but  in  the  regiment,  corps,  or  company 
to  which  such  officers  belong,  they  shall  do  duty  and  take 
rank,  both  in  courts  and  on  boards  as  aforesaid,  which  shall 


79 

be  composed  of  their  own  corps,  according  to  the  cornmis* 
sion  by  which  they  are  there  mustered. 

Article  62.  If  upon  marches,  guards,  or  in  quarters, 
different  corps  shall  happen  to  join  or  do  duty  together,  the 
officer  highest  in  rank,  according  to  the  commission  by 
which  he  is  mustered  in  the  army,  navy,  marine  corps,  or 
militia,  there  on  duty  by  orders  from  competent  authority, 
shall  command  the  whole  and  give  orders  for  what  is  needful 
for  the  service,  unless  otherwise  directed  by  the  President 
of  the  Confederate  States  in  orders  of  special  assignment 
providing  for  the  case. 

Sec.  30.  The  President  shall  call  into  the  service  of  the 
Confederate  States  only  so  many  of  the  troops  herein  pro- 
vided for  as  he  may  deem  the  safety  of  the  Confederacy  may 
require. 

Sec  31.  All  laws  or  parts  of  laws  of  the  United  States, 
which  have  been  adopted  by  the  Congress  of  the  Confederate 
States,  repugnant  to  or  inconsistent  with  this  act,  are  hereby 
repealed. 

Approved  March  6,  1861. 


No.  53.]  AN  ACT 

To  create  the  Clerical  Force  of  the  several  Executive  Depart- 
ments of  the  Confederate  States  of  America,  and  for  other 
purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  clerical  force  of  the  several  departments 
of  the  Confederate  States  of  America  shall  consist  of  the 
following  officers :  To  the  State  Department  there  shall  be 
one  chief  clerk,  at  a  salary  of  fifteen  hundred  dollars  per 
annum,  and  one  clerk,  at  a  salary  of  twelve  hundred  dollars 
per  annum,  and  also  a  messenger,  whose  annual  compensa- 
tion shall  be  five  hundred  dollars. 

To  the  Treasury  Department  there  shall  be  a  chief  clerk, 
whose  salary  shall  be  fifteen  hundred  dollars  per  annum,  and 
three  other  clerks,  who  shall  receive  each  twelve  hundred 
dollars  per  annum ;  and  there  shall  be  one  messenger,  at  an 
annual  compensation  of  five  hundred  dollars. 

To  each  of  the   bureaus  of  the    Treasury  Department, 


80 

viz :  the  comptroller,  the  auditor,  the  register  and  the 
treasurer,  there  shall  be  a  chief  clerk,  whose  salaries  shall 
be  each  fifteen  hundred  dollars  per  annum;  and  to  all  of 
said  bureaus  there  shall  be  twenty-two  clerks,  eleven  of  whom 
shall  receive  salaries  of  twelve  hundred  dollars  each  per 
annum,  and  eleven  shall  receive  salaries  of  one  thousand 
dollars  each  per  annum;  and  the  said  Secretary  of  the 
Treasury  shall  have  power  to  distribute  said  twenty-two 
clerks  among  the  said  bureaus,  as  in  his  judgment  will  best 
subserve  the  public  interest  ;  and  to  each  of  the  offices  of 
comptroller,  auditor,  register  and  treasurer,  there  shall  be  a 
messenger,  with  an  annual  salary  of  five  hundred  dollars. 

To  the  War  Department  there  shall  be  a  chief  of  the 
bureau  of  war,  at  an  annual  salary  of  three  thousand  dollars, 
and  five  clerks,  who  shall  each  receive  twelve  hundred  dol- 
lars per  annum ;  and  one  of  them  may  be  appointed  disburs- 
ing clerk,  with  an  additional  salary  of  six  hundred  dollars, 
who  shall  give  bond  with  sureties  to  be  approved  by  the  Sec- 
retary of  War.  There  shall  also  be  one  messenger,  whose 
compensation  shall  be  five  hundred  dollars  per  annum.  And 
to  all  of  the  bureaus  of  the  War  Department,  viz:  the  adju- 
tant and  inspector  general,  quartermaster  general,  the  com- 
missary general,  the  surgeon  general,  the  chief  engineer  and 
the  artillery,  there  shall  be  fourteen  clerks,  seven  of  whom 
shall  receive  each  a  salary  of  twelve  hundred  dollars,  and 
seven  a  salary  each  of  one  thousand  dollars  per  annum. 

And  the  Secretary  of  War  is  hereby  authorized  to  assign 
said  clerks  to  duty  in  the  respective  offices  enumerated,  as  in 
his  judgment  will  best  promote  the  public  service.  And  to 
each  of  said  named  bureaus,  except  the  office  of  surgeon 
general,  there  shall  be,  if  deemed  necessary  by  the  Secre- 
tary of  War,  a  messenger,  at  an  annual  compensation  of 
five  hundred  dollars. 

To  the  Post-Office  Department  there  shall  be  an  assistant 
postmaster  general,  with  a  salary  of  three  thousand  dollars 
per  annum,  and  a  chief  clerk  at  a  salary  of  fifteen  hundred 
dollars  per  annum,  and  ten  other  clerks,  five  of  whom  shall 
receive  salaries  each  of  twelve  hundred,  and  five  shall 
receive  salaries  each  of  one  thousand  dollars  per  annum. 
And  there  shall  be  one  messenger,  at  an  annual  salary  of 
five  hundred  dollars. 

To  the  Department  of  Justice  there  shall  be  an  assistant 
attorney-general  at  a  salary  of  twenty-five  hundred  dollars 
per  annum,  and  one  clerk  whose  annual  salary   shall  be 


81 

twelve  hundred  dollars,  and  also  a  messenger  at  a  salary  of 
five  hundred  dollars. 

Sec.  2.  The  annual  salaries  of  the  assistant  secretary  of 
state,  the  assistant  secretary  of  the  treasury,  the  comptrol- 
ler, the  auditor,  the  register  and  the  treasurer  shall  each  be 
the  sum  of  three  thousand  dollars  per  annum. 

Sec.  3.  The  President  of  the  Confederate  States  of 
America  is  hereby  authorized  to  appoint  or  employ  in  his 
official  household  the  following  officers,  to-wit :  one  private 
secretary,  at  an  annual  salary  of  twelve  hundred  dollars, 
and  one  messenger,  at  an  annual  salary  of  five  hundred 
dollars. 

Sec.  4.  And  be  it  further  enacted,  That  the  Secretaries  of 
State,  Treasury,  War,  Navy,  Attorney-General,  and  Post- 
master-General are  hereby  authorized  to  employ  such  other 
clerical  force  in  their  respective  departments  as  the  exigen- 
cies of  the  public  service  may  absolutely  require,  being 
limited  in  the  compensation  to  the  lower  grade  of  salary  for 
clerks  provided  for  in  this  bill ;  they  are  also  empowered  to 
employ  such  laborers  for  their  respective  offices  as  may  be 
required,  not  exceeding  one  for  each  of  the  executive  depart- 
ments, and  whose  compensation  shall  not  exceed  one  dollar 
and  fifty  cents  per  day. 

Approved  March  7,  1861. 


No.  54.]  A  RESOLUTION 

In  relation  to  International  Copyrights. 

Whereas,  Great  Britain,  France,  Prussia,  Saxony  and 
other  European  Powers  have  passed  laws  to  secure  to  authors 
of  other  States,  the  benefits  and  privileges  of  their  copyright 
laws,  upon  condition  of  similar  privileges  being  granted  by 
the  laws  of  such  States  to  authors,  the  subjects  of  the  powers 
aforesaid,  therefore  be  it 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  President  be  and  he  is  hereby  authorized  to  instruct 
the  Commissioners  appointed  by  him,  to  visit  the  European 
Powers,  to  enter  into  treaty  obligations  for  the  extension  of 
international  copyright  privileges  to  all  authors,  the  citizens 
and  subjects  of  the  powers  aforesaid. 

Approved  March  7,  1861. 
6 


82 

No.  55.]  AN  ACT 

To  create  the  clerical  force  of  the  Navy  Department, 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enacts  That  the  clerical  force  of  the  Navy  Department 
shall  consist  of  one  chief  clerk,  at  a  salary  of  fifteen  hundred 
dollars  per  annum,  who  shall  also  perform  the  duties  of  dis- 
bursing agent  and  corresponding  clerk  of  said  department, 
and  receive  therefor  an  extra  compensation  of  six  hundred 
dollars  per  annum  ;  and  also  three  other  clerks,  two  of  whom 
shall  receive  a  salary  each  of  twelve  hundred  dollars  per  an- 
num, and  one  a  salary  of  one  thousand  dollars  per  annum ; 
and  there  shall  be  attached  to  said  department  a  messenger,, 
whose  annual  compensation  shall  be  five  hundred  dollars. 

Approved  March  8,  1861. 


No.  56.]  A  RESOLUTION 

To  continue  the  Mints  at  New  Orleans  and  Dahlonega, 

The  Congress  of  the  Confederate  States  of  America  do  resolve, 
That  the  mints  at  New  Orleans  and  Dahlonega  shall  be  con- 
tinued, and  the  proper  arrangements  made  as  soon  as  possi- 
ble to  procure  suitable  dies  for  the  coin  of  the  Confederate 
States. 

Resolved  further,  That  the  Secretary  of  the  Treasury  be  re- 
quested to  estimate  and  report  to  Congress  the  lowest  amount 
of  appropriation  necessary  to  carry  out  the  above  resolution. 

Approved  March  9,  1861. 


No.  57.]  AN  ACT 

To  admit  certain  materials  free  of  Duty  for  the  construction 
of  Telegraph  Lines  from  Savannah,  in  the  State  of  Geor- 
gia, to  Fort  Pulaski,  and  from  Mobile,  in  the  State  of  Ala- 
bama, to  Fort  Morgan.  # 

Section  1.   The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  certain  cable  wire  and  other  materials  for 


83 

the  construction  of  a  telegraph  line  between  the  city  of  Sa- 
vannah, in  the  State  of  Georgia,  and  Fort  Pulaski,  in  the 
same  State,  which  may  be  imported  by  C.  C.  Walden,  the 
contractor  for  said  line,  be  admitted  free  of  duty,  upon  satis- 
factory proof  being  submitted  to  the  collector  of  the  port  of 
Savannah  that  the  materials  herein  designated  are  imported 
for  and  applied  to  the  construction  of  the  said  telegraphic 
line. 

Sec.  2.  And  be  it  further  enacted,  That  the  materials  neces- 
sary to  construct  a  telegraphic  line  from  Mobile  to  Fort  Mor- 
gan may  also  be  imported  free  of  duty. 

Approved  March  9,  1861, 


No.  58,]  AN  ACT 

To  authorize  the  Issue  of  Treasury  Notes,  and  to  prescribe 
the  Punishment  for  forging  the  same,  and  for  forging  cer- 
tificates of  Stock,  Bonds,  or  Coupons. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  President  of  the  Confederate  States  of 
America  is  hereby  authorized  to  cause  Treasury  notes  to  be 
issued  for  such  sum  or  sums  as  the  exigencies  of  the  public 
service  may  require,  but  not  to  exceed  at  any  time  one  mil- 
lion of  dollars,  and  of  denominations  not  less  than  fifty  dol- 
lars for  any  such  note,  to  be  prepared,  signed  and  issued  in. 
the  manner  hereinafter  provided. 

Sec.  2.  And  be  it  further  enacted,  That  such  Treasury  notes 
shall  be  paid  and  redeemed  by  the  Confederate  States  at  the- 
Treasury  thereof,  after  the  expiration  of  one  year  from  the 
dates  of  said  notes,  from  which  dates  they  shall  bear  interest  at 
the  rate  of  one  cent  per  day  for  every  hundred  dollars  issued : 
Provided,  That  after  the  maturity  of  any  of  said  notes,  inte- 
rest thereon  shall  cease  at  the  expiration  of  sixty  days'  no- 
tice of  readiness  to  pay  and  redeem  the  same,  which  may  at 
any  time  or  times  be  given  by  the  Secretary  of  the  Treasury, 
in  one  or  more  newspapers  published  at  the  seat  of  Govern- 
ment. The  payment  or  redemption  of  said  notes  herein  pro- 
vided shall  be  made  to  the  lawful  holders  thereof  respective- 
ly, upon  presentment  at  the  Treasury,  and  shall  include  the 
principal  of  each  note  and  the  interest  which  shall  be  due 
thereon.     And  for  such  payment  and  redemption,  at  the; 


84 

time  or  times  herein  specified,  the  faith  of  the  Confederate 
States  of  America  is  hereby  pledged. 

Sec.  3.  And  be  it  further  enacted,  That  such  Treasury  notes 
shall  be  prepared  under  the  direction  of  the  Secretary  of  the 
Treasury,  and  shall  be  signed,  in  behalf  of  the  Confederate 
States  of  America,  by  the  Treasurer  thereof,  and  counter- 
signed by  the  Register  of  the  Treasury.  Each  of  these  offi- 
cers shall  keep  in  a  book  or  books  provided  for  that  purpose,  . 
separate,  full  and  accurate  accounts  showing  the  number, 
date,  amount  and  rate  of  interest  of  each  Treasury  note  signed 
and  countersigned  by  them  respectively ;  and  also  similar  ac- 
counts showing  all  such  notes  as  may  be  paid,  redeemed  and 
cancelled,  as  the  same  may  be  returned,  all  which  accounts 
shall  be  carefully  preserved  in  the  Treasury  Department. 
And  the  Treasurer  shall  account  quarterly  for  all  such  Treas- 
ury notes  as  shall  have  been  countersigned  by  the  Register, 
and  delivered  to  the  Treasurer  for  issue. 

Sec.  4.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  is  hereby  authorized,  with  the  approbation  of  the 
President,  to  cause  such  portion  of  said  Treasury  notes  as 
>may  be  deemed  expedient  to  be  issued  by  the  Treasurer  in- 
payment of  warrants  in  favor  of  public  creditors  or  other 
persons  lawfully  entitled  to  such  payment  who  may  choose  to 
receive  such  notes  in  payment  at  par.  And  the  Secretary  of 
the  Treasury  is  further  authorized,  with  the  approbation  of 
the  President,  to  borrow  from  time  to  time  such  sums  of 
money,  upon  the  credit  of  such  notes,  as  the  President  may 
deem  expedient:  Provided,  That  no  Treasury  notes  shall  be 
pledged,  hypothecated,  sold  or  disposed  of  in  any  way,  for  any 
purpose  whatever,  either  directly  or  indirectly,  for  any  sum 
less  than  the  amount  of  such  notes,  including  the  principal 
and  interest  thereof. 

Sec  5.  And  be  ii  further  enacted,  That  said  Treasury  notes 
shall  be  transferable,  by  assignment  endorsed  thereon  by  the 
person  to  whose  order  the  same  shall  be  made  payable,  accom- 
panied together  with  the  delivery  of  notes  so  assigned. 

Sec  6.  And  be  it  further  enacted,  That  said  Treasury  notes 
shall  be  received  by  the  proper  officers  in  payment  of  all  du- 
ties and  taxes  laid  by  the  authority  of  the  Confederate  States 
of  America,  of  all  public  lands  sold  by  said  authority,  and  of 
•all  debts  to  the  Confederate  States  of  America,  of  any  cha- 
racter whatever,  which  may  be  due  and  payable  at  the  time 
when  said  Treasury  notes  may  be  offered  in  payment  thereof, 
••except  the  export  duty  on  cotton  :  and  upon  every  such  pay- 


85 

ment  credit  shall  be  given  for  the  amount  of  principal  and 
interest,  if  any,  due  on  the  note  or  notes  received  in  pay- 
ment on  the  day  when  the  same  shall  have  been  received  by 
such  officer. 

Sec.  7.  And  be  it  further  enacted,  That  every  collector  of 
the  customs,  receiver  of  public  moneys,  or  other  officer  or 
agent  of  the  Confederate  States  of  America,  who  shall  receive 
any  Treasury  note  or  notes  in  payment  on  account  of  the  Con- 
federate States  of  America,  shall  take  from  the  holder  of  such 
note  or  notes  a  receipt  upon  the  back  of  each,  stating  dis- 
tinctly the  date  of  such  payment  and  the  amount  allowed 
upon  such  note ;  and  every  such  officer  or  agent  shall  keep 
regular  and  specific  entries  of  all  Treasury  notes  received  in 
payment  showing  the  person  from  whom  received,  the  num- 
ber, date  and  amount  of  principal  and  interest,  if  any,  allowed 
on  each  and  every  Treasury  note  received  in  payment,  which 
entries  shall  be  delivered  to  the  Treasury,  with  the  Treasury 
note  or  notes  mentioned  therein,  and  if  found  correct  such 
officer  or  agent  shall  receive  credit  for  the  amount. 

Sec.  8.  And  be  it  further  enacted,  That  the  Secretary  of 
the  Treasury  be  and  he  is  hereby  authorized  to  make  and 
issue  from  time  to  time  such  instructions,  rules  and  regula- 
tions to  the  several  collectors,  receivers,  depositaries  and 
all  others  who  may  be  required  to  receive  such  treasury  notes 
in  behalf  of  and  as  agents  in  any  capacity  for  the  Confed- 
erate States  of  America,  as  to  the  custody,  disposal,  cancel- 
ing and  return  \  of  any  such  notes  as  may  be  paid  to  and 
received  by  them  respectively,  and  as  to  the  accounts  and 
returns  to  be  made  to  the  Treasury  Department  of  such  re- 
ceipts, as  he  shall  deem  best  calculated  to  promote  the  pub- 
lic convenience  and  security  and  to  protect  the  Confederate 
States  of  America,  as  well  as  individuals,  from  frauds  and 
loss. 

Sec  9.  And  be  it  further  enacted,  That  the  Secretary  of 
the  Treasury  be  and  he  is  hereby  authorized  and  directed  to 
cause  to  be  paid  the  principal  and  interest  of  such  treasury 
notes  as  may  be  issued  under  this  act,  at  the  time  and  times 
when,  according  to  its  provisions,  the  same  should  be  paid. 
And  the  said  secretary  is  further  authorized  to  purchase 
said  notes  at  par,  for  the  amount  of  principal  and  interest 
due  at  the  time  of  the  purchase  of  such  notes.  And  so  much 
of  any  unappropriated  money  in  the  treasury  as  may  be 
necessary  for  the  purpose  is  hereby  appropriated  to  the  pay- 
ment of  the  principal  and  interest  of  said  notes. 


86 

Sec  10.  And  be  it  further  enacted,  That  in  place  of  such 
treasury  notes  as  may  have  been  paid  and  redeemed,  other 
treasury  notes  to  the  same  amount  may  be  issued :  Provided, 
That  the  aggregate  sum  outstanding  under  the  authority  of 
this  act  shall  at  no  time  exceed  one  million  of  dollars :  And 
provided  further,  That  the  power  to  issue  and  re-issue  treas- 
ury notes  conferred  on  the  President  by  this  act  shall  cease 
and  determine  on  the  first  day  of  March,  eighteen  hundred 
and  sixty-two. 

Sec.  11.  And  be  it  further  enacted,  That  if  any  person 
shall  falsely  make,  forge  or  counterfeit,  or  cause  or  procure 
to  be  falsely  made,  forged  or  counterfeited,  or  willingly  aid 
or  assist  in  falsely  making,  forging  or  counterfeiting  any 
note  in  imitation  of  or  purporting  to  be  a  treasury  note,  is- 
sued as  aforesaid,  or  shall  pass,  utter  or  publish,  or  attempt 
to  pass,  utter  or  publish  as  true  any  false,  forged  or  coun- 
terfeited note,  purporting  to  be  a  treasury  note  as  aforesaid, 
knowing  the  same  to  be  falsely  made,  forged  or  counterfeited, 
or  shall  falsely  alter,  or  cause  or  procure  to  be  falsely  alter- 
ed, or  willingly  aid  and  assist  in  falsely  altering  any  treasu- 
ry note  issued  as  aforesaid,  or  shall  pass,  utter  or  publish, 
or  attempt  to  pass,  utter  or  publish  as  true  any  falsely  alter- 
ed treasury  note,  issued  as  aforesaid,  knowing  the  same  to 
be  falsely  altered,  every  such  person  shall  be  deemed  and 
adjudged  guilty  of  felony,  and  being  thereof  convicted  by 
due  course  of  law,  shall  be  sentenced  to  be  imprisoned  and 
kept  at  hard  labor  for  a  period  not  less  than  three  years  nor 
more  than  ten  years,  and  to  be  fined  in  a  sum  not  exceed- 
ing five  thousand  dollars. 

Sec.  12.  And  be  it  further  enacted,  That  if  any  person 
shall  make  or  engrave,  or  cause  or  procure  to  be  made  or 
engraved,  or  shall  have  in  his  possession  any  metallic  plate 
engraved  after  the  similitude  of  any  plate  from  which  any 
.notes  issued  as  aforesaid  shall  have  been  printed,  with  intent 
to  use  such  plate,  or  cause  or  suffer  the  same  to  be  used  in 
forging  or  counterfeiting  any  of  the  notes  issued  as  afore- 
said, or  shall  have  in  his  custody  or  possession  any  blank 
note  or  notes  engraved  and  printed  after  the  similitude  of 
any  notes  issued  as  aforesaid,  with  intent  to  use  such*  blanks, 
or  cause  or  suffer  the  same  to  be  used  in  forging  or  counter- 
feiting any  of  the  notes  issued  as  aforesaid,  or  shall  have  in 
his  custody  or  possession  any  paper  adapted  to  the  making 
of  such  notes,  and  similar  to  the  paper  upon  which  any  such 
notes  shall  have  been  issued,  with  intent  to  use  such  paper 


87 

or  cause  or  suffer  the  same  to  be  used  in  forging  or  counter- 
feiting any  of  the  notes  issued  as  aforesaid,  every  such  per- 
son, being  thereof  convicted  by  due  course  of  law,  shall  be 
sentenced  to  be  imprisoned  and  kept  at  hard  labor  for  a  term 
not  less  than  three  nor  more  than  ten  years,  and  fined 
in  a  sum  not  exceeding  five  thousand  dollars. 

Sec.  13.  And  be  it  further  enacted,  That  if  any  person  shall 
falsely  make,  forge  or  counterfeit,  or  cause  or  procure  to  be 
falsely  made,  forged  or  counterfeited,  or  willingly  aid  or 
assist  in  falsely  making  or  forging,  or  counteifeiting  any 
certificate  of  stock  or  bond,  or  coupon,  in  imitation  of  or 
purporting  to  be  a  certificate  of  stock  or  bond,  or  coupon, 
issued  in  accordance  with  the  provisions  of  the  act  entitled 
an  act  to  raise  money  for  the  support  of  the  government, 
and  to  provide  for  the  defence  of  the  Confederate  States  of 
America,  approved  the  23th  day  of  February,  eighteen  hun- 
dred and  sixty -one,  or  shall  pass,  utter  or  publish,  or  attempt 
to  pass,  utter  or  publish  as  true  any  false,  forged  or  coun- 
terfeited certificate  of  stock  or  bond,  or  coupon,  purporting 
to  be  a  certificate  of  stock  or  bond,  or  coupon,  as  aforesaid, 
knowing  the  same  to  be  falsely  made,  forged  or  counterfeit- 
ed, or  shall  falsely  alter  or  cause,  or  procure  to  be  falsely 
altered,  or  willingly  aid  or  assist  in  falsely  altering  any  cer- 
tificate of  stock  or  bond,  or  coupon,  issued  as  aforesaid,  or 
shall  pass,  utter  or  publish,  or  attempt  to  pass,  utter  or  pub- 
lish as  true  any  falsely  altered  certificate  of  stock  or  bond, 
or  coupon,  issued  as  aforesaid,  knowing  the  same  to  be  falsely 
altered,  every  such  person  shall  be  deemed  and  adjudged 
guilty  of  a  felony,  and  being  thereof  convicted  by  due 
course  of  law,  shall  be  sentenced  to  be  imprisoned  and  kept 
at  labor  for  a  period  not  less  than  three  years  nor  more  than 
ten  years,  and  be  fined  in  a  sum  not  exceeding  five  thousand 
dollars. 

Approved  March  9,  186  L 


No.  59.]  AN  ACT 

To  provide  for  an  Assistant  Treasurer  of  the  Confederate 
States  of  America,  and  a  Treasurer  of  the  Mint  in  the 
city  of  New  Orleans. 

Section  1.  The  Congress  of  the  Confederate  Stales  of  Ame- 


88 

rica  do  enact,  That  the  branch  mint,  formerly  belonging  to 
the  United  States,  in  the  city  of  New  Orleans,  and  the  vaults 
and  safes  thereof,  shall  be  the  place  of  deposit  of  the  public 
money  of  the  Confederate  States  of  America  in  that  city ; 
and  the  President  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  Congress  shall  appoint  an  assistant  treasurer 
of  the  Confederate  States  of  America,  who  shall  hold  his 
office  until  the  expiration  of  this  Provisional  Government. 
And  the  said  assistant  treasurer  shall  have  the  custody  and 
care  of  all  public  moneys  deposited  in  said  place  of  deposit, 
and  shall  perform  all  the  duties  required  by  law  to  be  per- 
formed by  assistant  treasurers  of  the  Confederate  States,  • 
who  shall  give  a  bond  with  sureties  for  the  faithful  discharge 
of  the  duties  of  his  office,  which  bond  shall  be  for  the  sum 
of  one  hundred  thousand  dollars,  and  the  sureties  shall  be 
approved  by  the  Secretary  of  the  Treasury :  Provided,  That 
it  shall  not  be  necessary  that  each  surety  shall  bind  himself 
for  the  whole  amount  of  the  bond,  but  the  aggregate  amount 
for  which  the  sureties  are  severally  bound  shall  be  equal  to 
the  full  sum  of  one  hundred  thousand  dollars:  Provided, 
That  each  surety  shall  be  bound  for  at  least  twenty  thousand 
dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  salary  of  said 
assistant  treasurer  shall  be  four  thousand  dollars  per  annum ; 
and  the  said  assistant  treasurer  shall  also  perform  the  duties 
of  treasurer  of  the  mint,  without  any  further  compensation 
than  is  herein  provided. 

Approved  March  9,   1S6L 


No.  60.]  AN  ACT 

Further  to  provide  for  the  organization  of  the  Post  Office 
Department. 

Section  1 .  The  Congress-  of  the  Confederate  States  of  America 
do  enact,  That  to  the  Post  Office  Department  there  shall  be  a 
chief  of  the  contract  bureau,  a  chief  of  the  appointment 
bureau,  and  a  chief  of  the  finance  bureau,  each  of  whom 
shall  be  entitled  to  an  annual  salary  of  two  thousand  five 
hundred  dollars ;  also  a  chief  clerk,  who  shall  be  entitled 
to  an  annual  salary  of  fifteen  hundred  dollars  ;.  also  a  drafts- 


89 

man,  for  such  time  as  his  services  may  be  required,  at  an 
annual  salary  of  fifteen  hundred  dollars,  or  at  that  rate  for 
a  shorter  period  than  one  year :  also  ten  clerks  at  an  annual 
salary  of  twelve  hundred  dollars  each,  and  ten  additional 
clerics,  at  an  annual  salary  of  one  thousand  dollars  each. 
And  the  Postmaster  General  is  hereby  authorized  to  employ 
such  other  clerical  force  in  his  department  as  the  exigencies 
of  the  public  service  may  absolutely  demand,  the  salaries  of 
such  superadded  clerks  to  be  so  employed  by  him  not  to  ex- 
ceed one  thousand  dollars  each ;  but  this  power,  together 
with  the  tenure  of  such  appointees,  shall  extend  no  logger 
than  the  end  of  the  first  session  of  the  next  Congress.  And 
he  may  also  employ  one  messenger,  at  an  annual  salary  of 
five  hundred  dollars ;  and  also  two  laborers,  at  an  expense 
of  not  more  than  one  dollar  and  fifty  cents  each  per  day. 

Sec.  2.  Be  it  further  enacted,  That  so  much  of  an  act  en- 
titled "  An  act  to  create  the  clerical  force  of  the  several 
executive  departments  of  the  Confederate  States  of  America, 
and  for  other  purposes,"  as  relates  to  the  Post-Office  De- 
partment of  the  Confederate  States  be  and  the  same  is  hereby 
repealed. 

Sec.  3.  And  it  is  further  enacted,  That  the  Postmaster- 
General  shall  have  the  general  power  to  transfer  the  clerks 
authorised  by  this  act  from  any  one  bureau  to  another, 
according  to  the  exigencies  of  the  public  service. 

Approved  March  9,  1861. 


No.  61.]  AN  ACT 

To  fix  the  pay  of  Members  of  the  Congress  of  the  Confede- 
rate States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  the  pay  of  the  members  of  Congress  shall 
be  eight  dollars  per  day  during  the  session,  and  that  each 
member  shall  be  allowed  ten  cents  per  mile  for  coming  to, 
and  ten  cents  per  mile  for  returning  from,  the  place  where 
Congress  may  assemble  for  each  session,  to  be  computed  by 
the  usual  mail  route  from  hi|  residence  to  the  seat  of  gov- 
ernment. 

Sec.  2.  Be  it  further  enacted,  That  the  pay  of  the  Presi- 


90 


dent  of  Congress  shall  be  sixteen  dollars  per  day,  and  the 
same  mileage  as  the  members'. 

Approved  March  11,  1861. 


No.  62.]  AN  ACT 

Making  appropriations  for  the  support  of  Three  Thousand 
Men  for  twelve  months,  to  be  called  into  service  at  Charles- 
ton, South  Carolina,  under  the  third  and  fourth  sections 
of  an  Act  of  the  Congress  "  To  raise  Provisional  Forces 
for  the  Confederate  ,  States  of  America,  and  for  other 
purposes." 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  following  appropriations  be  made  for 
the  support  of  the  provisional  troops  called  into  service  by 
the  act  aforesaid :  Pay  of  the  troops,  six  hundred  and  fifty- 
eight  thousand  six  hundred  and  eighty  dollars.  Forage  for 
officers'  horses  and  quartermaster's  animals  and  cavalry 
horses,  twenty  thousand  six  hundred  and  sixty-two  dollars. 
Subsistence  for  troops,  two  hundred  and  seventy  thousand 
dollars.  Clothing  for  the  troops,  two  hundred  thousand  dol- 
lars. Camp  and  garrison  equipage,  eighteen  thousand  two 
hundred  and  sixty-seven  dollars  and  seventy-two  cents. 
Supplies  for  the  quartermaster's  department,  seventy-six 
thousand  one  hundred  and  sixty  dollars.  Fuel  for  troops 
and  hospitals,  fifty-nine  thousand  nine  hundred  and  ninety- 
seven  dollars.  Medical  and  hospital  department,  twenty 
thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  additional  sum 
of  eight  hundred  and  sixty  thousand  two  hundred  and  twen- 
ty-eight dollars  and  forty-five  cents  is  hereby  appropriated 
for  the  support  of  two  thousand  additional  troops,  to  be 
called  into  the  service  of  the  Confederate  States  for  twelve 
months,  at  Charleston,  South  Carolina,  whenever,  in  the 
discretion  of  the  President,  tHeir  services  may  be  required. 

Approved  March   11,   1861. 


91 


No.  63.]  AN  ACT 

Making  appropriations  for  the  support  of  the  Regular  Army 
of  the  Confederate  States  of  America  for  twelve  months, 
and  for  other  purposes. 

Section  1.  The  Congress  of  the  Confederate  S  tates  of  Amer- 
ica do  enact,  That  the  following  appropriations  are  made  for 
the  support  of  the  regular  army  for  twelve  months,  viz : 
For  expenses  of  recruiting  and  for  transportation  of  recruits, 
one  hundred  and  ninety-two  thousand  five  hundred  dollars. 
Pay  of  the  army,  two  millions  seventy  thousand  four  hun- 
dred and  eighty-four  dollars.  Forage  for  officers'  horses 
and  for  cavalry  and  light  artillery  horses"  one  hundred  and 
seven  thousand  two  hundred  dollars.  Subsistence  for  troops, 
nine  hundred  and  twelve  thousand  five  hundred  dollars. 
Clothing  for  the  army,  six  hundred  and  forty-eight  thou- 
sand seven  hundred  and  eighty  dollars.  Camp  and  garrison 
equipage,  sixty  thousand  dollars.  Supplies  for  the  quarter- 
master's department — consisting  of  fuel  for  the  officers,  en- 
listed men,  guards,  hospitals,  store-houses  and  officers ;  of 
forage  in  kind  for  horses,  mules  and  oxen  of  the  quarter- 
master's department,  at  the  several  posts  and  stations,  and 
with  the  armies  in  the  field ;  of  postage  on  letters  and  pack- 
ages received  and  sent  by  officers  of  the  army  on  public  ser- 
vice ;  expenses  of  courts  martial  and  courts  of  inquiry, 
including  the  additional  compensation  of  judge  advocates, 
recorders,  members  and  witnesses,  while  in  that  service; 
extra  pay  to  soldiers  employed  under  the  direction  of  the 
quartermaster's  department  in  the  erection  of  barracks, 
quarters,  store-houses  and  hospitals,  for  constant  labor  for 
periods  of  not  less  than  ten  days,  including  those  employed 
as  clerks;  expense  of  interment  of  officers  killed  in  action, 
or  who  die  when  on  duty  in  the  field,  or  at  the  posts  on  the 
frontiers,  and  of  non-commissioned  officers  and  soldiers ; 
authorized  office  furniture ;  hire  of  laborers  in  the  quarter- 
master's department;  compensation  of  clerk's  of  the  officers 
of  the  quartermaster's  department ;  for  the  apprehension  of 
deserters  and  the  expenses  incident  to  their  pursuit ;  for  the 
following  expenses  required  for  the  regiment  of  cavalry  and 
for  the  four  batteries  of  light  artillery :  namely,  the  pur- 
chase of  travelling  forges,  blacksmith's  and  shoeing  tools, 


92 

horse  and  n\ule  shoes  and  nails,  iron  and  steel  for  shoeing ; 
medicine  for  horses  and  mules ;  picket  ropes,  and  for  shoe- 
ing the  horses  of  the  corps  named — three  hundred  and  fifty- 
three  thousand  nine  hundred  and  fifty-six  dollars.  For  con- 
structing barracks  and  other  buildings  at  posts  which  it  may 
be  necessary  to  occupy  during  the  year,  and  for  repairing, 
altering  and  enlarging  buildings  at  the  established  posts,  in- 
cluding hire  or  commutation  of  quarters  for  officers  on  mili- 
tary duty,  hire  of  quarters  for  troops,  of  store-houses  for  the 
safe-keeping  of  military  stores,  and  of  grounds  for  summer 
cantonments  and  for  temporary  frontier  stations,  for  commu- 
tation of  forage  for  officers'  horses  when  it  cannot  be  drawn 
in  kind,  three  hundred  and  fifty  thousand  dollars.  For 
mileage,  or  the  allowance  made  to  officers  of  the  army  for 
the  transportation  of  themselves  and  their  baggage  when 
travelling  on  duty  without  troops,  escorts  or  supplies,  thirty- 
five  thousand  dollars :  Provided,  That  mileage  shall  not  be 
allowed  when  the  officer  has  been  transferred  or  relieved  at 
his  own  request.  For  transportation  of  the  army — includ- 
ing the  baggage  of  the  troops. when  moving  either  by  land 
or  water,  of  horse  equipments,  and  of  subsistence — from  the 
places  of  purchase,  and  from  the  places  of  delivery  under 
contract,  to  such  places  as  the  circumstances  of  the  service 
may  require  them  to  be  sent,  of  ordnance,  ordnance  stores 
and  small  arms,  freights,  wharfage,  tolls,  and  ferriages,  hire 
of  horses,  mules  and  oxen,  and  the  purchase  and  repair  of 
wagons,  carts  and  drays,  and  of  ships  and  other  sea-going 
vessels  required  for  the  transportation  of  supplies  and  for 
garrison  purposes,  for  drayage  and  cartage  at  the  several 
posts,  hire  of  teamsters,  transportation  of  funds  for  the  dis- 
bursing departments,  the  expense  of  public  transports  on 
the  various  rivers,  the  gulf  of  Mexico  and  the  Atlantic,  six 
hundred  and  fifty  thousand  dollars.  For  the  purchase  of 
horses  for  the  regiment  of  cavalry  and  four  batteries  of  light 
artillery,  one  hundred  and  sixty-three  thousand  two  hundred 
dollars.  Contingencies  of  the  army,  fifteen  thousand  dol- 
lars. For  the  medical  and  hospital  departments,  seventy- 
five  thousand  dollars.  Contingencies  of  the  adjutant  gene- 
ral's department,  six  hundred  dollars.  Armament  of  fortifi- 
cations and  purchase  of  light  artillery,  two  hundred  and 
fifty  thousand  dollars.  Purchase,  manufacture  and  altera- 
tion of  small  arms,  four  hundred  and  fifty  thousand  dollars. 
For  ordnance,  ordnance  stores  and  supplies,  including  horse 
equipments  for  the  regiment  of  cavalry  and  for  light  batte- 


93 

ries,  one  hundred  and  ninety-nine  thousand  five  hundred 
and  forty  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of 
War,  under  the  direction  of  the  President,  he  and  he  is  here- 
by authorized  to  apply  any  portion  of  the  appropriations 
made  by  this  act  to  the  support  of  the  provisional  forces 
which  may  be  called  into  service,  whenever,  in  his  opinion, 
the  same  may  be  necessary. 

Approved  March  11,   1861. 


No.  64.]  AN  ACT 

To  establish  a  Court  of  Admiralty  and  Maritime  Jurisdic- 
tion at  Key  West,  in  the  State  of  Florida. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  a  court  of  admiralty  and  maritime  juris- 
diction at  Key  West,  in  the  State  of  Florida,  shall  be  and  is 
hereby  created,  which  shall  have  cognizance  of  all  civil 
causes  of  admiralty  and  maritime  jurisdiction,  including  all 
seizures  under  the  revenue  laws  or  laws  of  navigation  and 
trade  of  the  Confederate  States,  when  the  seizures  are  made, 
or  cause  of  complaint  arises  on  waters  which  are  navigable 
from  the  sea  by  vessels  of  ten  or  more  tons  burden,  as  well 
as  upon  the  high  seas,  saving  to  suiters  in  all  cases  the  right 
of  a  common  law  remedy,  where  the  remedy  at  common  law 
is  ample  and  complete.  The  said  court  shall  exercise  juris- 
diction in  all  that  part  of  the  State  of  Florida  which  lies 
south  of  a  line  drawn  due  east  and  west  from  the  northern 
point  of  Charlotte  Harbor,  including  the  islands,  keys,  reefs, 
shoals,  harbors,  bays  and  inlets  south  of  said  line. 

Sec  2.  The  said  court  shall  also  have  cognizance  of  all 
crimes  and  offences  cognizable  under  the  authority  of  the 
Confederate  States  arising  upon  the  high  seas  and  within 
the  territorial  limits  aforesaid.  And  until  otherwise  provi- 
ded by  law  of  Congress,  the  laws  of  the  United  States  in 
regard  to  crimes  and  offences,  p nd  to  the  mode  of  procedure, 
practice  and  trial  in  all  criminal  or  penal  cases,  shall  be  in 
force  and  form  the  rule  of  practice  and  decision  in  the  said 
court. 

Sec  3.  There  shall  be  appointed  by  the  President,  by  and 


94 

"with  the  advice  and  consent  of  Congress,  a  judge  of  said 
court,  for  the  term  prescribed  by  the  constitution,  who  shall 
receive  compensation  at  the  rate  of  three  thousand  five  hun- 
dred dollars  per  annum,  payable  quarterly.  The  judge 
shall  reside  at  Key  West  in  the  state  aforesaid,  and  shall 
hold  two  regular  terms  of  said  court  in  each  year,  at  Key 
West,  the  one  commencing  on  the  first  Monday  of  May,  the 
other  on  the  first  Monday  of  November  in  each  year ;  and 
shall  hold  extra  sessions  of  the  same  from  time  to  time,  at 
such  places  in  said  district  as  occasion  may  require,  to  des- 
patch the  business  of  said  court.  And  the  said  court  shall 
be  at  all  times  open  for  the  purpose  of  hearing  and  deter- 
mining all  cases  of  admiralty  and  maritime  jurisdiction. 

Sec.  4.  The  said  judge  shall  also  appoint  a  marshal  and 
a  clerk  for  said  court,  who  shall  be  in  all  respects  subject  to 
the  provisions  of  the  act  entitled  "  An  act  to  establish  the 
judicial  courts  of  the  Confederate  States  of  America,"  so 
far  as  the  same  relates  to  the  bonds,  oaths,  qualifications, 
powers,  duties,  liabilities  and  official  conduct  of  the  clerks 
or  marshals  respectively,  and  to  the  remedy  for  any  viola- 
tion of  duty,  breach  of  bond  or  otlier  official  delinquency. 
And  they  shall  also  have  the  same  fees  for  their  respective 
services  as  in  said  act  are  prescribed. 

Sec  5.  The  clerk  shall  reside  and  keep  the  records  of  the 
court  at  the  place  of  holding  the  same,  and  it  shall  also  be 
his  duty  to  attend  the  sittings  of  the  said  court  wherever 
held,  and  keep  a  record  of  its  acts  and  proceedings,  as  if 
held  at  the  regular  place  of  holding  the  same.  The  said 
marshal  shall  also  attend  the  said  court  wherever  holden,  and 
shall  have  power  to  appoint  as  many  deputies  as  he  may 
deem  necessary,  for  whose  official  acts  he  shall  be  bound  as 
for  his  own. 

Sec.  6.  Appeals  may  be  allowed  and  writs  of  error  sued 
out  from  said  court  to  the  supreme  court  of  the  Confederate 
States,  in  the  same  manner  and  upon  the  same  terms  as  from 
a  district  court  of  the  Confederate  States. 

Sec  7.  The  said  judge  shall  also  appoint  for  said  court  a 
fit  person,  learned  in  the  law,  to  act  as  attorney  for  the  Con- 
federate States  in  all  matters  touching  their  interest  and  in 
all  crimes  and  offences  against  their  laws.  He  shall  receive 
for  his  services  a  salary  of  two  hundred  dollars  per  annum, 
payable  quarterly,  and  the  further  sum  of  five  dollars  a  day 
for  each  day  that  he  may  attend  said  court  when  in  actual 
session. 


95 

Sec  8.  And  be  it  further  enacted,  That  no  vessel,  or  any 
master  thereof,  shall  be  regularly  employed  in  the  business 
of  wrecking  on  the  coast  of  Florida  without  the  license  of 
the  judge  of  said  court;  and  before  licensing  any  vessel  or 
master,  the  judge  shall  be  satisfied  that  the  vessel  is  seawor- 
thy and  properly  and  sufficiently  equipped  and  fitted  for  the 
business  of  saving  property  shipwrecked  and  in  distress,  and 
that  the  master  thereof  is  trustworthy  and  innocent  of  any 
fraud  or  misconduct  in  relation  to  any  property  shipwrecked 
or  saved  on  said  coast. 

Sec.  9.  That  the  said  court  shall  conform  to  the  practice 
of  the  district  courts  when  exercising  admiralty  and  mari- 
time jurisdiction,  and  shall  moreover  have  power  to  make 
rules  to  govern  the  practice  therein  not  inconsistent  with 
the  laws  of  the  Confederate  States. 

Sec  10.  All  writs  and  process,  either  mesne  or  final, 
which  shall  issue  from  said  court,  shall  bear  test  of  the 
judge  of  said  court,  and  shall  be  under  the  seal  and  signed 
by  the  clerk  thereof. 

Sec  11.  This  act  shall  take  effect  and  be  in  forca  from 
and  after  the  passage  thereof. 

Approved  March  11,  1861. 


No.  65.]  RESOLUTIONS 

Providing  for  a  Digest  of  Laws. 

Resolved,  That  a  committee  of  three  members  of  this  body 
be  appointed  to  revise  the  statute  laws  of  the  United  States, 
and  report,  in  form  of  a  digest,  such  laws  as  are  applicable 
to  this  Confederacy,  together  with  such  changes  and  modifi- 
cations as  they  would  recommend  for  the  adoption  of  Con- 
gress. 

Resolved  further,  That  the  committee  have  leave  to  sit 
during  the  recess,  and  to  employ  such  clerks  and  to  order 
such  printing  as  they  may  require,  and  that  they  be  authori- 
zed to  draw  for  the  same  on  the  appropriation  for  the  con- 
tingent expenses  of  Congress. 

Resolved  further,  That  the  committee  be  appointed  by  the 
President  of  Congress. 

Approved,  March  12,  1861. 


96 

No.  66.]  AN  ACT 

Making  appropriations  to  carry  out  the  provisions  of  "  An 
act  to  provide  for  the  public  defence." 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  to  enable  the  President  to  carry  into  effect 
the  provisions  of  the  act  of  the  Congress  of  the  Confede- 
rate States,  entitled  "An  act  to  provide  for  the  public  de- 
fence," and  to  provide  for  the  pay,  subsistence  and  trans- 
portation of  such  volunteer  forces  as  may  be  called  into 
service  by  authority  of  the  said  act,  the  sum  of  five  millions 
of  dollars,  or  as  much  thereof  as  may  be  necessary,  be  and 
the  same  is  hereby  appropriated,  from  any  moneys  in  the 
treasury  not  otherwise  appropriated. 

Approved,  March  12,  1861. 


No.  67.]  AN  ACT 

Amendatory  of  an  Act  for  the  organization  of  the  Staff  De- 
partments of  the  Army,  and  an  Act  for  the  establishment 
and  organization  of  the  Army  of  the  Confederate  States 

of  America. 

f 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  adjutant  and  inspector-general's  de- 
partment shall  consist  of  two  assistant  adjutants-general  with 
the  rank  of  lieutenant-colonel,  two  assistant  adjutants-gene- 
ral with  the  rank  of  major,  and  four  assistant  adjutants- 
general  with  the  rank  of  captain. 

Sec  2.  Be  it  further  enacted,  That  there  shall  be  added 
one  brigadier-general  to  those  heretofore  authorized  by  law, 
and  that  any  one  of  the  brigadier-generals  of  the  army  of 
the  Confederate  States  may  be  assigned  to  the  duty  of  adju- 
tant and  inspector-general,  at  the  discretion  of  the  Presi- 
dent. 

Sec.  3.  Be  it  further  enacted,  That  the  quartermaster-gene- 
ral's department  shall  consist  of  one  quartermaster-general 
with  the  rank  of  colonel,  one  assistant  quartermaster-gene- 
ral with  the  rank  of  lieutenant-colonel,  four  assistant  quar- 
termasters with  the  rank  of  major,  and  such  other  officers 
in  that  department  as  are  already  provided  by  law. 


97 

Sec.  4.  Be  it  further  enacted,  That  the  commissary-gene- 
ral's department  shall  consist  of  one  commissary-general 
with  the  rank  of  colonel,  one  commissary  with  the  rank  of 
lieutenant-colonel,  one  commissary  with  the  rank  of  major, 
and  three  commissaries  with  the  rank  of  captain ;  and  as 
many  assistant  commissaries  as  may  from  time  to  time  be 
required  by  the  service  may  be  detailed  by  the  War  Depart- 
ment from  the  subalterns  of  the  line,  who,  in  addition  to 
their  pay  in  the  line,  shall  receive  twenty  dollars  per  month 
while  engaged  in  that  service. 

Sec  5.  Be  it  further  enacted,  That  in  all  cases  of  officers 
who  have  resigned,  or  who  may  within  six  months  tender 
their  resignations  from  the  army  of  the  United  States,  and 
who  have  been  or  may  be  appointed  to  original  vacancies  in 
the  army  of  the  Confederate  States,  the  commissions  issued 
shall  bear  one  and  the  same  date,  so  that  the  relative  rank  of 
officers  of  each  grade  shall  be  determined  by  their  former 
commissions  in  the  United  States  army,  held  anterior  to  the 
secession  of  these  Confederate  States  from  the  United  States. 

Sec.  6.  Be  it  further  enacted,  That  every  officer,  non-com- 
missioned officer,  musician  and  private  shall  take  and  sub- 
scribe the  following  oath  or  affirmation,  to-wit :  I,  A.  B.,  do 
solemly  swear  or  affirm  (as  the  case  may  be)  that  while  I 
continue  in  the  service  I  will  bear  true  faith  and  yield  obedi- 
ence to  the  Confederate  States  of  America,  and  that  I  will 
serve  them  honestly  and  faithfully  against  their  enemies, 
and  that  I  will  observe  and  obey  the  orders  of  the  President 
of  the  Confederate  States,  and  the  orders  of  the  officers  ap- 
pointed over  me,  according  to  the  rules  and  articles  of  war. 

Sec  7.  Be  it  further  enacted,  That  all  laws  and  parts  of 
laws  militating  against  this  act  be  and  the  same  are  hereby 
repealed. 

Approved  March  14,  1861. 


No.  69.]  A  RESOLUTION 

Accepting  certain  Funds  tendered  to  the  Confederate  States 
by  the  State  of  Louisiana. 

Whereas,  The  Convention  of  the  State  of  Louisiana  has 
adopted  an  ordinance  as  follows,  to  wit : 
7 


08 

"  An  ordinance  to  transfer  certain  funds  to  the  Govern- 
ment of  the  Confederate  States  of  America. 

"Sec.  1.  It  is  hereby  ordained,  That  the  sum  of  three 
hundred  and  eighty-nine  thousand  two  hundred  and  sixty- 
seven,  forty-six  one  hundredths  dollars,  now  in  the  hands 
of  A.  J.  Guirot,  State  Depository,  and  known  as  the  ■  Bul- 
lion Fund, '  be  transferred  to  the  Government  of  the  Con- 
federate States  of  America,  and  that  said  depository  be  and 
he  is  hereby  authorized  and  instructed  to  pay  said  sum  upon 
the  order  of  the  Secretary  of  the  Treasury  of  said  Confede- 
rate States. 

Sec  2.  It  is  further  ordained,  That  the  sum  of  one  hun- 
dred and  forty-seven  thousand  five  hundred  and  nineteen 
dollars  and  sixty-six  cents,  being  the  balance  received  by 
said  State  Depository  from  the  customs  since  the  thirty-first 
of  January  last,  be  transferred  to  said  Government  and  paid 
by  said  depository  upon  the  order  of  said  Secretary  of  the 
Treasury  of  the  Confederate  States. " 

Be  it  therefore  resolved  by  the  Congress  of  the  Confederate 
States  of  America,  That  the  Congress  accepts  with  a  high 
sense  of  the  patriotic  liberality  of  the  State  of  Louisiana, 
the  funds  so  generously  tendered  to  the  Treasury  of  the 
Confederate  States,  and  proffered  in  the  ordinance  afore- 
said. 

Approved  March  14,  1861. 


No.  70.]  AN  ACT 

To  provide  for  the  organization  of  the  Navy. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  enact,  That  the  President  be  authorized  to  appoint, 
in  the  manner  prescribed  by  law,  the  following  commissioned 
officers  of  the  navy,  viz :  four  captains,  four  commanders, 
thirty  lieutenants,  five  surgeons,  five  assistant  surgeons, 
six  paymasters  and  two  chief  engineers,  and  to  employ  as 
masters,  midshipmen,  engineers,  naval  constructors,  boat- 
swains, gunners,  carpenters,  sailmakers  and  other  warrant 
and  petty  officers  and  seamen  as  he  may  deem  necessary, 
not  to  exceed  in  the  aggregate  three  thousand. 

Sec  2.  The  annual  pay  of  said  officers  shall  be  as  fol- 
lows, viz : 


99 

Captains,  when  commanding  squadrons,  five  thousand  dol- 
lars. 

All  other  captains  on  duty  at  sea,  four  thousand  two  hun- 
dred dollars. 

On  other  duty,  three  thousand  six  hundred  dollars. 

When  on  leave  or  waiting  orders,  three  thousand  dollars. 

Commanders. — Every  Commander  on  duty  at  sea,  for  the 
first  five  years  after  the  date  of  his  commission,  two  thou- 
sand eight  hundred  and  twenty-five  dollars. 

For  the  second  five  years  after  the  date  of  his  commission, 
three  thousand  one  hundred  and  fifty  dollars. 

Every  commander  on  other  duty,  for  the  first  five  years 
after  the  date  of  his  commission,  two  thousand  six  hundred 
and  sixty-two  dollars. 

For  the  second  five  years  after  the  date  of  his  commis- 
sion, two  thousand  eight  hundred  and  twenty-five  dollars. 

All  other  commanders,  two  thousand  two  hundred  and 
fifty  dollars. 

Lieutenants  commanding  at  sea,  two  thousand  five  hun- 
dred and  fifty  dollars. 

Lieutenants. — Every  lieutenant  on  duty  at  sea,  one  thou- 
sand five  hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea  service  in  the 
navy,  one  thousand  seven  hundred  dollars. 

After  he  shall  have  seen  nine  years'  sea  service,  one  thou- 
sand nine  hundred  dollars. 

After  he  shall  Itave  seen  eleven  years'  sea  service,  two 
thousand  one  hundred  dollars. 

After  he  shall  have  seen  thirteen  years'  sea  service,  two> 
thousand  two  hundred  and  fifty  dollars. 

Every  lieutenant  on  other  duty  shall  receive  one  thousand 
five  hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea  service  in  the 
navy,  one  thousand  six  hundred  dollars. 

After  he  shall  have  seen  nine  years'  sea  service,  one  thou- 
sand seven  hundred  dollars. 

After  he  shall  have  seen  eleven  years'  sea  service,  one 
thousand  eight  hundred  dollars. 

After  he  shall  have  seen  thirteen  years'  sea  service,  one 
thousand  eight  hundred  and  seventy-five  dollars. 

Every  lieutenant  on  leave  or  waiting  orders,  one  thousand 
two  hundred  dollars. 

After  he  shall  have  seen  seven  years'  sea  service  in  the- 
navy,  one  thousand  two  hundred  and  sixty-six  dollars. 


100 

After  lie  shall  have  seen  nine  years'  sea  service,  one  thou- 
sand three  hundred  and  thirty-three  dollars. 

After  he  shall  have  seen  eleven  years'  sea  service,  one 
thousand  four  hundred  dollars. 

After  he  shall  have  seen  thirteen  years'  sea  service,  one 
thousand  four  hundred  and  fifty 'dollars. 

Masters. — Every  master  in  the  line  of  promotion,  when 
on  duty  as  such  at  sea,  one  thousand  two  hundred  dollars. 

When  on  other  duty,  one   thousand  one  hundred  dollars. 

When  on  leave  or  waiting  orders,  eight  hundred  and 
twenty-five  dollars. 

Midshipmen. — Every  midshipman  at  sea,  five  hundred  and 
fifty  dollars. 

When  on  other  duty,  five  hundred  dollars. 

When  on  leave  or  waiting  orders,  four  hundred  and  fifty 
dollars. 

Surgeons. — Every  surgeon  on  duty  at  sea,  for  the  first 
five  years'  after  the  date  of  his  commission  as  surgeon,  two 
rthousand  two  hundred  dollars. 

For  the  second  five  years'  after  the  date  of  his  commis- 
.sion  as  surgeon,  two  thousand  four  hundred  dollars. 

For  the  third  five  years'  after  the  date  of  his  commission 
as  surgeon,  two  thousand  six  hundred  dollars. 

For  the  fourth  five  years'  after  the  date  of  his  commission 
as  surgeon,  two  thousand  eight  hundred  dollars. 

For  twenty  years'  service  and  upwards,  after  the  date  of 
his  commission  as  surgeon,  three  thousand  dollars. 

Fleet  surgeons,  three  thousand  three  hundred  dollars. 

Every  surgeon  on  other  duty,  for  the  first  five  years  after 
the  date  of  his  commission  as  surgeon,  two  thousand  dol- 
lars. 

For  the  second  five  years  after  the  date  of  his  commis- 
sion as  surgeon,  two  thousand  two  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission 
as  surgeon,  two  thousand  four  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  commission 
as  surgeon,  two  thousand  six  hundred  dollars. 

For  twenty  years'  service  after  the  date  of  his  commission 
as  surgeon,  two  thousand  eight  hundred  dollars. 

Every  surgeon  on  leave  or  waiting  orders,  for  the  first 
five  years  after  the  date  of  his  commission  as  surgeon,  one 
thousand  six  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  commission 
as  surgeon,  one  thousand  eight  hundred  dollars. 


101 

For  the  third  five  years  after  the  date  of  his  commission 
as  surgeon,  one  thousand  nine  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  commission 
as  surgeon,  two  thousand  one  hundred  dollars. 

For  twenty  years'  service  and  upwards,  after  the  date  of 
his  commission  as  surgeon,  two  thousand  three  hundred  dol- 
lars. 

Assistant  Surgeons. — Every  assistant  surgeon  on  duty  at 
sea,  one  thousand  two  hundred  and  fifty  dollars. 

When  on  other  duty,  one  thousand  and  fifty  dollars. 

When  on  leave  or  waiting  orders,  eight  hundred  dollars. 

Paymasters. — Every  paymaster  on  duty  at  sea,  for  the 
first  five  years  after  the  date  of  his  commission,  two  thou- 
sand dollars. 

For  the  second  five  years  after  the  date  of  his  commission, 
two  thousand  four  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commision, 
two  thousand  six  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  comission, 
two  thousand  nine  hundred  dollars. 

For  twenty  years  and  upwards  after  the  date  of  his  com- 
mission, three  thousand  one  hundred  dollars. 

Every  paymaster  on  other  duty,  for  the  first  five  years 
after  the  date  of  his  commission,  one  thousand  eight  hun- 
dred dollars. 

For  the  second  five  years  after  the  date  of  his  commission, 
two  thousand  one  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission, 
two  thousand  four  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  commission, 
two  thousand  six  hundred  dollars. 

For  twenty  years'  service  and  upwards,  after  the  date  of 
his  commission,  two  thousand  eight  hundred  dollars. 

Every  paymaster  on  leave  or  waiting  orders,  for  the  first 
five  years  after  the  date  of  his  commission,  one  thousand 
four  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  commission, 
one  thousand  six  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission, 
one  thousand  eight  hundred  dollars. 

For  the  fourth  five  years  after  the  date  of  his  commission, 
two  thousand  dollars. 

For  twenty  years'  service  and  upwards,  after  the  date  of 
his  commission,  two  thousand  two  hundred  and  fifty  dollars. 


102 

Engineers. — Every  chief  engineer  on  duty,  for  the  first 
five  years  after  the  date  of  his  commission,  one  thousand 
eight  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  commission, 
two  thousand  two  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission/ 
two  thousand  four  hundred  and  fifty  dollars. 

After  fifteen  years  after  the  date  of  his  commission,  two 
thousand  six  hundred  dollars. 

Every  chief  engineer  on  leave  or  waiting  orders,  for  the 
first  five  years  after  the  date  of  his  commission,  one  thousand 
two  hundred  dollars. 

For  the  second  five  years  after  the  date  of  his  commis- 
sion, one  thousand  three  hundred  dollars. 

For  the  third  five  years  after  the  date  of  his  commission, 
one  thousand  four  hundred  dollars. 

After  fifteen  years'  service  after  the  date  of  his  commis- 
sion, one  thousand  five  hundred  dollars. 

Every  first  assistant  engineer  on  duty,  one  thousand  two 
hundred  and  fifty  dollars. 

When  on  leave  or  waiting  orders,  nine  hundred  dollars. 

Every  second  assistant  engineer  on  duty,  one  thousand 
dollars. 

When  on  leave  or  waiting  orders,  seven  hundred  and  fifty 
dollars. 

Every  third  assistant  engineer  on  duty,  seven  hundred  and 
fifty  dollars. 

When  on  leave  or  waiting  orders,  six  hundred  dollars. 

Warrant  Officers. — Every  boatswain,  gunner,  carpenter 
and  sail-maker  on  duty  at  sea,  for  the  first  three  years'  sea 
service  after  the  date  of  his  warrant,  one  thousand  dollars. 

For  the  second  three  years'  sea  service  after  the  date  of 
his  warrant,  one  thousand  one  hundred  and  fifty  dollars. 

For  the  third  three  years'  sea  service  after  the  date  of  his 
warrant,  one  thousand  two  hundred  and  fifty  dollars. 

For  the  fourth  three  years'  sea  service  after  the  date  of 
his  warrant,  one  thousand  three  hundred  and  fifty  dollars. 

For  twelve  years'  sea  service  and  upwards,  one  thousand 
four  hundred  and  fifty  dollars. 

When  on  other  duty  : 

For  the  first  three  years'  of  sea  service  after  the  date  of 
warrant,  eight  hundred  dollars. 

For  the  second  three  years'  sea  service  after  the  date  of 
his  warrant,  nine  hundred  dollars. 


103 

For  the  third  three  years  of  sea  service  after  the  date  of 
his  warrant,  one.  thousand  dollars. 

For  the  fourth  three  years'  sea  service  after  the  date  of 
his  warrant,  one  thousand  one  hundred  dollars. 

For  twelve  years'  sea  service  and  upwards,  one  thousand 
two  hundred  dollars. 

When  on  leave  or  waiting  orders : 

For  the  first  three  years'  sea  serviee  after  the  date  of  his 
warrant,  six  hundred  dollars. 

For  the  second  three  years'  sea  serviee  after  the  date  of  his 
warrant,  seven  hundred  dollars. 

For  the  third  three  years'  sea  service  after  the  date  of  his 
warrant,  eight  hundred  dollars. 

For  the  fourth  three  years'  sea  service  after  the  date  of  his 
warrant,  nine  hundred  dollars. 

For  twelve  years'  sea  service  and  upwards,  one  thousand 
dollars. 

And  be  it  further  enacted,  That  the  commissioned  officers 
hereinbefore  provided  for,  and  who  shall  not  be  nominated 
before  the  adjournment  of  Congress,  may  be  appointed  by 
the  President  during  the  recess,  to  hold  their  commissions 
until  the  next  session  of  Congress. 

Sec.  3.  In  computing  the  length  of  service  of  such  officers 
as  were  attached  to  the  navy  of  the  United  States,  but  who 
have  resigned,  and  have  been  or  may  be  received  into  the 
service  of  the  Confederate  States,  their  period  of  service  in 
the  navy  of  the  United  States  shall  be  included,  and  no  ser- 
vice shall  be  regarded  as  sea  service  in  the  purview  of  said 
act  but  such  as  shall  actually  be  performed  at  sea,  and  in  ves- 
sels employed  by  authority  of  law. 

Sec.  4.  The  pay  of  seamen  of  the  navy  shall  be  determin- 
ed by  the  President,  and  may  be  altered  by  him  from  time 
to  time  as  circumstances  may  require. 

Sec  5.  There  shall  be  a  corps  of  marines,  to  consist  of 
one  major,  one  quartermaster,  one  paymaster,  one  adjutant, 
one  sergeant-major,  one  quartermaster-sergeant,  and  six 
companies,  each  company  to  consist  of  one  captain,  one  first 
and  one  second  lieutenant,  four  sergeants,  four  corporals, 
one  hundred  men  and  two  musicians ;  and  the  pay  and  al- 
lowances of  the  officers  and  enlisted  men  shall  be  the  same 
as  that  of  the  officers  and  enlisted  men  of  like  grade  in  the 
infantry  of  the  army,  except  that  the  ration  of  the  enlisted 
marines  shall  be  the  ration  allowed  by  law  to  seamen. 

Sec.  6.  The  following    officers   shall  be    attached  to  the 


104 

Navy  Department,  to  wit :  An  officer,  not  below  the  grade 
of  commander,  who  shall  be  charged  with  the  purchase  or 
preparation  of  ordnance,  ordnance  stores  and  supplies  and 
equipments,  and  with  hydrography,  and  with  such  other  du-  i 
ties  as  the  Secretary  of  the  Navy  may  from  time  to  time 
assign  to  him ;  an  officer  not  below  the  grade  of  lieutenant, 
to  be  designated  as  the  officer  of  orders  and  detail,  who  shall, 
under  the  orders  of  the  Secretary  of  the  Navy,  prepare  and 
issue  all  orders  and  details  for  service,  and  who  shall  also,, 
under  the  direction  of  the  Secretary  of  the  Navy,  have 
charge  of  all  matters  and  things  connected  with  courts  mar- 
tial and  courts  of  inquiry,  and  with  the  custody  of  all  re- 
cords and  papers  thereunto  appertaining,  and  perform  such 
other  duties  relating  to  the  personnel  of  the  navy,  as  the 
secretary  may  from  time  to  time  direct ;  a  surgeon  or  an 
assistant  Surgeon,  who  shall,  under  the  direction  of  the  Sec- 
retary of  the  Navy,  make  all  purchases  of  medicines  and 
medical  supplies  for  the  navy,  and  perform  such  other  duties- 
appertaining  to  the  medical  department  as  the  S2cretary  may 
from  time  to  time  direct ;  a  paymaster,  who  shall,  under  the 
direction  of  the  Secretary  of  the  Navy,  make  all  contracts 
for  or  purchases  of  provisions,  clothing  and  coal  for  the  use 
of  the  navy,  and  perform  such  other  duties  as  the  secretary 
may  direct.  The  Secretary  of  the  Navy  is  authorized  to 
appoint  one  clerk  to  aid  each  of  the  above  officers  in  the  dis- 
charge of  his  duties,  whose  annual  salary  shall  not  exceed 
fifteen  hundred  dollars  each;  but  the  officers  therein  detailed 
for  duty,  shall  receive  no  compensation  for  their  services 
beyond  their  regular  pay  as  on  other  duty. 

Sec.  7.  It  shall  be  the  duty  of  the  quartermaster  of  the 
marine  corps  to  visit  the  different  posts  where  portions  of 
the  corps  may  be  stationed,  as  often  as  may  be  necessary  for 
the  proper  discharge  of  his  duties. 

Sec.  8.  It  shall  be  the  duty  of  the  Secretary  of  the  Navy 
to  prepare  and  publish  regulations  for  the  general  govern- 
ment of  all  persons  connected  with  or  employed  in  the  naval 
service,  which  regulations  shall  take  effect  as  soon  as  they 
shall  be  approved  by  the  President  and  published. 

Sec  9.  All  laws  of  the  United  States  heretofore  enacted 
for  the  government  of  the  officers,  seamen  and  marines  of 
the  navy  of  the  United  States,  that  are  not  inconsistent 
with  the  provisions  of  this  act,  are  hereby  adopted  and  ap- 
plied to  the  officers,  seamen  and  marines  of  the  navy  of  the 
Confederate  States. 


105 

Sec  10.  The  President  may  determine  the  relative  and  as- 
similated rank  which  officers  of  the  navy  shall  hold  toward 
those  of  the  army. 

Approved  March  16,  1861. 


No.  71.]   .  AN  ACT 

To  regulate  Foreign  Coins  in  the  Confederate  States. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  all  laws  and  parts  of  laws  now  in  force  for  the 
regulation  of  the  mint  and  branch  mints  of  the  Uuited  States 
and  for  the  government  of  the  officers  and  persons  employed 
therein,  and  for  the  punishment  of  all  offences  connected 
with  the  mint  or  coinage  of  the  United  States,  shall  be  and 
they  are  hereby  declared  to  be  in  full  force  in  relation  to 
the  mints  of  New  Orleans  and  Dahlonega. 

Sec  2.  That  all  laws  now  in  force  in  reference  to  the  coins 
of  the  United  States,  and  the  striking  and  coining  of  the 
same,  shall  as  far  as  applicable  have  full  force  and  effect  in 
relation  to  the  coins  therein  authorized,  whether  the  said 
laws  are  penal  or  otherwise,  and  whether  they  are  for  pre- 
venting counterfeiting  or  debasement,  for  protecting  the 
currency,  for  regulating  and  guarding  the  process  of  strik- 
ing and  coining  and  the  preparations  therefor,  or  for  the 
security  of  the  coin,  or  for  any  other  purpose. 

Sec.  3.  That  the  silver  coins  issued  in  conformity  with 
the  law  of  the  United  States  of  twenty-first  of  February 
and  third  of  March,  eighteen  hundred  and  fifty-three,  shall 
be  legal  tenders  in  payment  of  debts  for  all  sums  not  exceed- 
ing ten  dollars,  all  laws  to  the  contrary  notwithstanding. 

Sec  4.  That  the  following  foreign  gold  coin  shall  pass 
current  as  money  within  the  Confederate  States  of  America, 
and  be  receivable  for  the  payment  of  all  debts  and  demands 
at  the  following  rates,  that  is  to  say  :  The  sovereign  of  Eng- 
land, of  no  less  a  weight  than  five  pennyweights  and  three 
grains,  and  of  the  fineness  of  (915  l-'z)  nine  hundred  fifteen 
and  one-half  thousandths,  shall  be  deemed  equal  to  four 
dollars  and  eighty-two  cents.  The  Napoleon,  of  the  weight 
of  not  less  than  (4  dwts.,  3  1-2  grs.)  four  penny weigths 
three  grains  and  one-half,  and  of  a  fineness  of  not  less  than 


106 

(899)  eight  hundred  ninety-ninth  thousandths,  shall  be 
deemed  equal  to  three  dollars  and  eighty-two  cents.  The 
Spanish  and  Mexican  doubloons,  of  no  less  a  weight  than 
(17  dwts.,  8  1-2  grs.)  seventeen  pennyweights  eight  grains 
and  one-half,  and  of  the  fineness  of  noc  less  than  (899)  eight 
hundred  ninety-ninth  thousandths,  shall  be  deemed  equal  to 
fifteen  dollars  and  fifty-three  cents. 

Sec.  5.  That  the  following  silver  coins  shall  pass  current 
as  money  within  the  Confederate  States  of  America,  and  be 
received  in  payment  for  all  debts  and  demands  at  the  follow- 
ing rates,  that  is  to  say:  The  American  dollar,  (412  l-2g.) 
four  hundred  twelve  and  one-half  grains,  and  the  dollar  of 
Mexico,  of  not  less  than  (897)  eight  hundred  ninety-seventh 
thousandths  in  fineness  and  (415g.)  four  hundred  fifteen 
grains  in  weight,  shall  be  deemed  equal  to  one  dollar  and 
two  cents.  The  five-franc  piece,  of  not  less  than  (900) 
nine  hundred  thousandths  in  fineness  and  (384)  three  hun- 
dred eighty-four  grains  in  weight,  shall  be  deemed  equal  to 
ninety-five  cents. 

Be  it  further  enacted,  That  all  laws  and  parts  of  laws  in- 
consistent with  this  act  be  and  the  same  are  hereby  repealed. 

Approved  March  14,  1861. 


No.  72.]  RESOLUTIONS 

In  reference  to  Forts,  Dock-yards,  Reservations,  and  Pro- 
perty ceded  to  the  Confederate  States. 

Resolved  by  the  Congress  of  the  Confederate  States,  That  the 
Congress  do  recommend  to  the  respective  states  to  cede  the 
forts,  arsenals,  navy-yards,  dock-yards  and  other  public 
establishments  within  their  respective  limits  to  the  Confede- 
rate States,  and  moreover,  to  cede  so  much  of  the  lands 
reserved  heretofore  by  the  government  of  the  United  States, 
or  other  public  vacant  lands  in  their  respective  limits  as 
may  be  necessary  for  timber  or  lumber  for  naval  or  other 
purposes  of  public  concern ;  and  that  the  President  of  Con- 
gress be  requested  to  communicate  these  resolutions  and  the 
accompanying  report  to  the  governors  of  the  respective 
states. 

Resolved  further,  That  in  case  of  such  cession,  the  Presi- 


107 

dent  be  and  he  is  hereby  authorized  and  empowered  to  take 
charge  of  any  such  property  ceded. 

Approved  March  15,  1861. 


No.  73.]  AN  ACT 

Making  appropriations  for  the  Legislative,  Executive  and 
Judicial  expenses  of  Government  for  the  year  ending  4th 
of  February,  eighteen  hundred  and  sixty-two. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  following  sums  be  and  the  same  are 
hereby  appropriated,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  for  the  objects  hereafter  expressed, 
for  the  year  ending  the  fourth  of  February,  eighteen  hun- 
dred and  sixty-two,  namely  : 

Legislative. — For  compensation  and  mileage  of  members 
of  Congress,  twenty-six  thousand  seven  hundred  and  forty 
dollars. 

For  compensation  of  the  officers,  clerks  and  messengers, 
and  others  employed  by  Congress,  nine  thousand  dollars. 

For  the  .contingent  expenses  of  Congress,  twenty  thou- 
sandtflollars. 

Executive. — For  compensation  of  the  President  of  the 
Confederate  States,  twenty-five  thousand  dollars. 

For  compensation  of  the  Vice  President  of  the  Confede- 
rate States,  six  thousand  dollars. 

For  compensation  of  the  private  secretary  of  the  Presi- 
dent, and  messenger,  one  thousand  seven  hundred  dollars. 

For  contingent  expenses  of  the  executive  office  three  hun- 
dred and  fifty  dollars. 

Department  of  State. — For  compensation  of  the  Secretary 
of  State,  and  assistant  secretary,  clerks  and  messenger, 
twelve  thousand  two  hundred  dollars. 

For  the  incidental  and  contingent  expenses  of  said  depart- 
ment, thirty-two  thousand  dollars. 

Treasury  Department. — For  compensation  of  Secretary  of 
the  Treasury,  assistant  secretary  of  the  treasury,  comptrol- 
ler, auditor,  treasurer  and  register,  clerks  and  messengers, 
including  those  employed  in  the  several  bureaus  of  the 
Treasury  Department,  fifty-eight  thousand  eight  hundred 
dollars. 


108 

For  the  incidental  and  contingent  expenses  of  said  depart- 
ment, including  the  bureaus,  twelve  thousand  dollars. 

War  Department. — For  compensation  of  Secretary  of  War, 
chief  of  bureau,  clerks  and  messengers,  including  the 
clerks  and  messengers  in  the  several  offices  of  adjutant-gene- 
ral, quartermaster-general,  commissary-general,  surgeon- 
general,  chief  engineer  and  .artillery,  thirty-four  thousand 
dollars. 

For  incidental  and  contingent  expenses  of  said  depart- 
ment, twenty-five  thousand  dollars. 

Navy  Department. — For  compensation  of  Secretary  of  the 
Navy,  clerks  and  messengers  in  his  office,  twelve  thousand 
three  hundred  dollars. 

For  the  incidental  and  contingent  expenses  of  the  Navy 
Department,  five  thousand  dollars. 

Post-Office  Department. — For  compensation  of  the  Post- 
master General,  clerks  and  messengers  in  his  office,  twenty- 
nine  thousand  nine  hundred  dolla'rs. 

For  incidental  and  contingent  expenses  of  the  Post-Office 
Department,  fifteen  thousand  dollars. 

Department  of  Justice. — For  compensation  of  the  Attor- 
ney-General, clerks,  and  messengers  in  his  department,  ten 
thousand  two  hundred  dollars. 

For  incidental  and  contingent  expenses  of  said  depart- 
ment, three  thousand  dollars. 

Judiciary. — For  salaries  of  judges,  attorneys,  marshals, 
and  incidental  and  contingent  expenses  of  courts,  fifty  thou- 
sand dollars. 

Mint  and  Independent  Treasury. — For  compensation  of  offi- 
cers, incidental  and  contingent  expenses,  including  wages 
of  workmen  and  pay  of  laborers,  if  necessary  for  the  mints 
and  independent  treasury,  the  sum  of  eighty  thousand  dol- 
lars. 

Foreign  Intercourse. — For  salaries  of  ministers,  commis- 
sioners, secretaries  or  other  officers  employed  by  the  govern- 
ment in  relation  to  intercourse  with  foreign  governments, 
and  for  incidental,  miscellaneous  and  contingent  necessities 
and  expenses  connected  with  said  intercourse  with  foreign 
nations,  one  hundred  thousand  dollars. 

Lighthouses. — For  supplying  the  lighthouses  and  beacon 
lights  with  oil,  wicks,  glass,  chimneys,  and  other  expenses 
of  the  same,  repairing  and  keeping  in  repair  the  lighting 
apparatus,  salaries  of  keepers  and  assistants  within  the  juris- 


109 

diction  of  the   Confederate   States,  one  hundred  and  fifty 
thousand  dollars. 

Expenses  of  Collecting  Revenue. — For  expenses  of  collect- 
ing revenue  from  customs  at  the  several  ports  of  entry  and 
.delivery  as  now  established  by  law,  and  which  may  hereafter 
be  designated  under  the  authority  given  to  the  Secretary  of 
the  Treasury,  in  the  respective  states  of  the  Confederate 
States  of  America,  five  hundred  and  twenty-five  thousand 
dollars. 

For  expenses  of  engraving  bonds  and  certificates  of  stock, 
under  the  acts  to  raise  money  for  the  support  of  the  govern- 
ment, and  to  provide  for  the  defence  of  the  Confederate 
States  of  America,  and  to  issue  treasury  notes,  twenty 
thousand  dollars. 

Executive  Mansion. — For  rent  of  house  for  President  of 
the  Confederate  States,  five  thousand  dollars. 

Miscellaneous. — For  necessities  and  exigencies  under  laws 
already  passed,  or  which  may  be  passed,  or  from  causes 
which  now  exist,  or  may  hereafter  arise,  and  unforeseen 
emergencies,  there  is  hereby  appropriated  the  sum  of  two 
hundred  thousand  dollars,  subject  to  the  requisition  and 
under  the  control  of  the  President  of  the  Confederate  States 
of  America. 

Approved,  March  15,  1861. 


'No.  74.]  AN  ACT 

To  authorize  the  appointment  of  Commercial  Agents  or  Con- 
suls to  foreign  ports. 

Section  1.  The  Congress  of  the  Co?  federate  States  of  Ameri- 
ca do  enact,  That  the  President  be  and  he  is  hereby  authorized 
Bo  appoint  such  commercial  agents  or  consuls  as  in  his  opin- 
ion the  commercial  interests  of  the  Confederacy  may  require  ; 
and  all  such  commercial  agents  or  consuls  shall  charge  the 
fees  usual  under  the  laws  of  the  United  States  :  Provided, 
however,  That  the  amounts  of  money  obtained  by  such  fees' 
fehall  be  reported  to  the  Treasury  Department,  and  the  sala- 
ries shall  not  be  greater  than  the  laws  of  the  United  States 
illow. 

Approved  March  15,  1861. 


110 

No.  75.]  AN  ACT 

To  authorize  the  construction  or  purchase  of  Ten  Gunboats. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  the  President  be  and  he  is  hereby  authorized 
to  cause  to  be  constructed  or  purchased  ten  steam  gun  boats, 
for  coast  defence,  whereof  five  shall  be  of  a  tonnage  not  ex- 
ceeding seven  hundred  and  fifty  tons,  and  five  of  a  tonnage 
not  exceeding  one  thousand  tons. 

Approved  March  15,  1861. 


No.  76.]  AN  ACT 

To  define  and  fix  the  pay  of  the  Officers  of  the  Congress  of 
the  Provisional  Government. 

Section  1 .  The  Congress  of  the  Confederate  States  of  AmerU 
ca  do  enact,  That  the  Secretary  of  the  Congress  shall  receive 
an  annual  compensation  of  twenty-five  hundred  dollars,  and 
at  that  rate  during  the  continuance  of  the  Provisional  Gov- 
ernment ;  that  the  assistant  secretary,  journal  clerk  and 
reading  clerk,  shall  receive  an  annual  compensation  of  two 
thousand  dollars,  as  aforesaid ;  that  the  door-keeper  shall  re- 
ceive an  annual  compensation  of  twelve  hundred  dollars,  as 
aforesaid ;  that  the  messenger  shall  receive  an  annual  com- 
pensation of  one  thousand  dollars,  as  aforesaid. 

Sec.  2.  That  the  extra  clerk  employed  by  the  day  to  en- 
rol or  engross  the  acts  of  the  Congress  shall  receive  six  dol- 
lars per  diem,  to  be  paid  on  the  warrant  of  the  President  of 
the  Congress. 

AppPcOVed  March  15,  1861. 


No.  77.]  AN  ACT 

To  amend  an  act  entitled  "An  act  to  establish  a  Court  of 
Admiralty  and  Maritime  Jurisdiction  at  Key  West,  in  the 
State  of  Florida." 

Section  1 .   The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  so  much  of  an  act  entitled  "An  act  to  es- 


Ill 

tablish  a  Court  of  Admiralty  and  Maritime  Jurisdiction  at 
Key  West,  in  the  State  of  Florida,"  as  provides  for  the  ap- 
pointment of  a  District  Attorney  and  Marshal  of  said  court 
by  the  judge  thereof,  be  and  the  same  is  hereby  repealed, 
and  it  is  hereby  made  the  duty  of  the  President  of  the  Con- 
federate States  to  appoint  for  said  court  a  fit  person,  learned 
in  the  law,  to  act  as  attorney  for  the  Coufederate  States  in 
all  crimes  and  offences  against  their  laws,  and  in  all  other 
matters  touching  their  interest.  The  President  shall  also 
appoint  a  marshal  for  said  court ;  and  said  attorney  and  mar- 
shal shall  receive  such  pay  in  every  respect,  and  perform 
such  services  respectively  as  are  provided  for  and  required 
of  attorneys  and  marshals  by  an  act  entitled  "An  act  to  es- 
tablish the  Judicial  Courts  of  the  Confederate  States  of 
America." 

Approved  March  16,  1861. 


No.  78.]  AN  ACT 

To  provide  for  the  payment  of  Light  Money  in  the  Confede- 
rate States. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  a  duty  of  five  cents  per  ton,  to  be  denominated  "Light 
Money,"  shall  be  levied  and  collected  on  all  ships  or  ves- 
sels which,  after  the  first  day  of  May  next,  may  enter  the 
seaports  of  the  Confederate  States  from  any  seaport,  to  be 
collected  in  the  manner  heretofore  provided  by  law  as  to 
tonnage  duties ;  Provided,  however,  That  on  all  vessels 
trading  regularly  between  ports  of  the  Confederate  States, 
the  said  duties  shall  not  be  levied  and  collected  oftener  than 
once  in  every  three  months. 

Approved  March  16,  1861. 


No.  79.]  AN  ACT 

To  appoint  a  Second  Auditor  of  the  Treasury. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  there  shall  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Congress,  an  additional  officer 


112 

for  the  Treasury  Department,  to  be  called  the  Second  Audi- 
tor of  the  Treasury,  who  shall  be  charged  with  the  auditing 
of  accounts  for  the  War  Department,  and  who  shall  receive 
for  his  services  a  salary  of  three  thousand  dollars  per  an- 
num. 

Approved  March  15,  1861. 


No.  80.]  AN  ACT 

Authorizing  the  President  alone  to  make  certain  appoint- 
ments. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  during  the  recess  of  this  Congress  the  President  shall 
have  power  to  make  appointments  of  such  inferior  officers  as 
by  the  Constitution  of  this  Provisional  Government  the  Con- 
gress has  authority  to  vest  in  him  alone,  anything  in  any  law 
hertofore  passed  to  the  contrary  notwithstanding. 

Approved  March  16,  1861. 


No.  81.1  AN  ACT 

Vesting  certain  powers  in  the  Postmaster  General. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ameri- 
ca do  enact,  That  in  the  event  of  a  discontinuance  of  the  pos- 
tal service  in  any  of  the  Confederate  States,  as  now  carried 
on  by  the  government  of  the  United  States,  before  the  Post- 
master General  of  this  Confederacy  shall  have  prepared  the 
new  service,  under  the  provisions  of  the  act  already  passed 
by  this  Congress,  it  shall  be  lawful  for  the  said  Postmaster 
General  to  renew,  provisionally,  the  contracts  under  which 
the  service  is  now  performed,  and  to  continue  in  office  the 
several  postmasters  and  other  officers  now  employed  in  such 
postal  service,  until  he  is  prepared  to  replace  said  service 
and  said  officers  by  new  contracts  and  appointments. 

Sec.  2.  That  the  Postmaster  General,  at  a  time  to  be  fixed 
by  him,  is  hereby  authorized  to  advertise  and  enter  into  con- 
tracts for  carrying  the  mail  with  due  celerity,  certainty  and 


113 

security,  on  the  post  routes  within  the  Confederate  States, 
other  than  railroads  and  steamboats,  in  accordance  with  the 
acts  passed  by  this  Congress. 

Sec.  3.  That  after  such  contracts  shall  have  been  entered 
into,  on  and  after  a  day  to  be  designated  by  the  proclamation 
of  the  Postmaster  General,  all  conveyance  of  mails  within  the 
limits  of  the  Confederate  States,  except  by  authority  of  the 
Postmaster  General  is  hereby  prohibited. 

Sec  4.  Be  it  further  enacted,  That  the  Postmaster  General 
have  power  to  issue  circular  instructions  to  the  several  post- 
masters and  other  officers  still  performing  serviee  under  the 
appointment  of  the  United  States,  in  order  to  enforce  the 
rendition  of  the  proper  accounts  and  payment  of  the  moneys 
collected  by  them  per  account  of  the  United  States,  until  the 
Postmaster  General  shall  have  issued  his  proclamation  an- 
nouncing that  the  former  service  is  discontinued  and  is  re- 
placed by  the  new  service,  organized  under  the  authority  of 
this  Government. 

Sec.  5.  That  it  shall  be  lawful  for  the  Postmaster  Gene- 
ral to  allow  express  and  other  chartered  companies  to  carry 
letters  and  all  mail  matter  of  every  description,  whether  the 
same  be  enclosed  in  stamped  envelopes  or  pre-paid  by  stamps 
or  money ;  but  if  the  same  be  pre-paid  in  money,  the  nionry 
shall  be  paid  to  some  Postmaster,  who  shall  stamp  the  same 
paid,  and  shall  account  to  the  Post-Office  Department  for 
the  same,  in  the  same  manner  as  for  letters  sent  by  the 
mail ;  and  if  pre-paid  by  stamps,  then  the  express  or  other 
company  receiving  such  letters  for  delivery  shall  obliterate 
such  stamps,  under  the  penalty  of  five  hundred  dollars  for 
each  failure,  to  be  recovered  by  action  of  debt  in  any  court 
having  jurisdiction  thereof,  in  the  name  of  the  Postmaster 
General,  for  the  use  of  the  Confederate  States ;  but  if  said 
letters  or  mail  matter  shall  be  received  by  such  express  or 
other  company,  not  for  delivery,  but  to  be  mailed,  then  the 
matter  so  carried  shall  be  pre-paid  at  the  same  rate  that  the 
existing  law  requires  it  to  be  paid  from  the  point  where  it 
may  be  received  by  such  company  to  the  point  of  its  desti- 
nation, and  the  postmaster,  where  such  company  may  mail 
the  same,  shall  deface  the  stamps  upon  the  same. 

Sec  6.  Be  it  further  enacted,  That  each  agent  of  any  com- 
pany who  may  carry  letters  under  the  provisions  of  this  act, 
shall  be  required  to  take  .an  oath  that  he  will  faithfully  com- 
ply with  the  law  of  the  Confederate  States  relating  to  the 
carrying  of  letters  or  other  mail  matter  and  obliterating 
8 


114 

postage  stamps,  winch  oath  may  be  administered  by  any  jus- 
tice of  the  peace,  and  shall  be  in  writing,  and  signed  by 
such  agent  or  messenger,  and  filed  in  the  Post-Office  De- 
partment. 

Approved  March  15,  18-61, 


No.  82.]  AN  ACT 

To  amend  the  laws  relative  to  the  compensation  of  the  At- 
torneys of  the  Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  in  addition  to  the  compensation  now  allow- 
ed by  law  to  the  attorneys  of  the  Confederate  States,  there 
shall  be  hereafter  allowed  to  them  for  their  services  to  the 
Confederate  States  the  following  fees :  For  drafting  the  dec- 
laration writ,  information  or  other  pleadings  necessary  to 
bring  the  cause  to  an  issue,  ten  dollars  ;  for  arguing  ques- 
tions of  law  arising  on  the  pleadings  or  demurrer,  ten  dol- 
lars— but  not  more  than  one  such  fee  shall  be  allowed  in  any 
cause;  for  drawing  indictments  on  criminal  informations, 
five  dollars ;  for  collecting  and  paying  over  to  the  Confede- 
rate States  moneys,  a  commission  of  one  per  cent,  on  the 
amount  collected  and  paid,  whether  the  same  have  been  col- 
lected on  execution  or  otherwise ;  for  attendance  on  a  refer- 
ence from  the  court  to  a  master  or  commissioner,  five  dol- 
lars a  day ;  for  examining  a  land  title  and  written  opinion 
thereon,  twenty  dollars ;  for  making  abstract  of  title  when 
required,  twenty  dollars ;  for  examining  and  making  report 
on  any  question  or  subject  when  thereto  required  by  the 
President  or  any  head  of  department,  thirty  dollars ;  for 
services  in  any  suit  in  a  state  court  in  which  it  may  be 
necessary  to  appear  in  behalf  of  the  Confederate  States, 
twenty  dollars ;  for  services  in  any  case  arising  under  the 
extradition  treaties  of  the  Confederate  States,  twenty-five 
dollars. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take  effect  and 
be  in  force  from  and  after  the  passage  thereof. 

Approved  March  15,  1861. 


115 

No.  83.]  AN  ACT 

To  establish  the  Judicial  Courts  of  the  Confederate  States 
of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  Supreme  Court  of  the  Confederate 
States  shall  hold  annually)  at  the  seat  of  government,  one 
session,  commencing  the  first  Monday  of  January,  and  con- 
tinue until  the  business  of  said  court  is  disposed  of. 

Sec.  2.  That  each  of  the  Confederate  States  shall  consti- 
tute one  district,  in  which  there  shall  be  a  court  called  a 
District  Court,  to  consist  of  one  judge,  who  shall  reside  in 
the  state  for  which  he  is  appointed,  and  shall  receive  a  sala- 
ry equal  to  that  paid  to  a  judge  of  the  court  of  the  highest 
jurisdiction  in  the  state  where  he  resides,  payable  quarterly. 

Sec  3.  And  be  it  further  enacted,  That  the  Supreme  Court 
may,  by  any  one  or  more  of  its  judges  being  present,  be 
adjourned  from  day  to  day  until  a  quorum  be  convened; 
and  that  a  district  court,  in  case  of  the  inability  of  the 
judge  to  attend  at  the  commencement  of  a  session,  may  be 
adjourned  by  the  marshal  of  the  district  from  day  to  day  for 
three  successive  days,  and  at  the  close  of  the  third  day  the; 
same  shall  stand  adjourned  to  the  next  regular  term,  if  the: 
judge  do  not  appear ;  and  in.  all  cases  of  failure  to  hold  the 
court,  all  process,  pleadings  and  proceedings,  of  what  nature 
soever,  pending  before  the  said  court,  shall  be  continued  of 
course. 

Sec  4.  There  shall  be  a  marshal  and  one  or  more  clerks; 
appointed  for  each  court — the  marshal  by  the  President  of" 
the  Confederate  States,  and  the  clerks  by  the  judge  of  said 
court — and  said  clerks  shall  not  be  connected  with  the  said 
judge  by  blood  or  marriage,  who  shall  hold  their  offices 
during  the  provisional  government,  subject  to  removal  by 
the  said  judge.  They  shall  each  take  the  oath  or  affirmation 
prescribed  in  the  constitution,  and  for  the  faithful  discharge 
of  the  duties  of  their  respective  offices.  They  shall  each 
give  bond  with  sureties,  to  be  approved  by  the  judge,  for  the 
faithful  discharge  of  their  respective  duties,  in  the  penalty 
and  for  the  amount  which  may  be  prescribed  by  the  judge; 
but  that  of  the  marshal  in  no  instance  shall  be  less  than 
twenty  thousand  dollars.  The  marshal  may  appoint  as. 
many  deputies  as  may  be  necessary,  for  whose  acts  he  and 
his  sureties  shall  be  bound  as  for  his  own. 


116 

Sec  5.  It  shall  be  the  duty  of  the  marshal  to  attend  the 
court  when  sitting  in  his  district ;  and  the  marshal  of  the 
district  in  which  the  Supreme  Court  shall  be  held,  shall 
attend  the  sessions  of  said  court.  He  shall  by  himself  or 
his  deputy  execute  throughout  his  district  all  lawful  precepts 
directed  to  him,  and  issued  under  the  authority  of  the  Con- 
federate States,  and  he  shall  have  power  to  command  a  posse 
comitatus  in  the  execution  of  his  duty. 

Sec  6.  And  be  it  further  enacted,  That  in  all  cases  in 
which  the  marshal  or  his  deputy  shall  be  a  party,  the  writs 
and  precepts  therein  shall  be  directed  to  some  disinterested 
person,  to  be  appointed  by  the  court  or  judge  thereof,  and 
such  person  is  hereby  authorized  to  execute  and  return  the 
same.  And  in  case  of  the  death,  resignation  or  removal  of 
any  marshal,  his  deputy  or  deputies  shall  continue  in  office, 
unless  otherwise  removed,  and  shall  execute  the  same  in  the 
name  of  the  deceased,  resigned  or  removed  marshal,  until 
another  marshal  shall  be  appointed  and  qualified ;  and  the 
defaults  or  misfeasances  in  office  of  such  deputy  or  deputies 
in  the  meantime,  as  well  as  before,  shall  be  adjudged  a 
breach  of  the  condition  of  the  bond  given  as  before  directed 
by  the  marshal  who  appointed  them ;  and  the  executor  or 
administrator  of  the  deceased  marshal  shall  have  like  remedy 
for  the  defaults  and  misfeasances  in  office  of  such  deputy  or 
deputies,  during  such  interval  as  the  marshal  would  be  enti- 
tled to  if  he  had  continued  in  life  or  in  office  and  in  the 
exercise  of  his  said  office  until  his  successor  was  appointed 
and  qualified  ;  and  every  marshal  or  deputy,  when  removed 
from  office,  or  when  the  term  for  which  the  marshal  is  ap- 
pointed shall  expire,  shall  have  power,  notwithstanding,  to 
execute  all  such  precepts  and  process  as  may  be  in  their 
hand  respectively  at  the  time  of  such  removal  or  expiration 
of  office,  until  the  next  term  of  the  court;  and  the  marshal 
shall  be  held  answerable  for  the  delivery  to  his  successor  of 
all  prisoners  which  may  be  in  his  custody  at  the  time  of  his 
removal  or  resignation,  or  when  the  term  for  which  he  is 
appointed  shall  expire,  and  for  that  purpose  may  retain  such 
prisoners  in  his  custody  until  his  successor  shall  be  appoint- 
ed and  qualified  as  the  law  directs ;  or  he  may  deliver  his 
prisoners  to  the  keeper  of  one  of  the  jails  of  the  state  in 
which  he  is  marshal,  in  cases  where  by  law  of  such  state  it 
is  made  the  duty  of  jailors  to  receive  them. 

Sec  7.  All  writs  and  process,  either  mesne  or  final,  which 
shall  issue  from  the  Supreme  Court,  shall  bear  test  in  the 


117 

name  of  either  of  the  judges  thereof;  and  all  issued  from  the 
district  court  shall  bear  test  of  the  judge  of  such  court,  and 
shall  be  under  the  seal  of  the  court  from  whence  they  issue, 
and  be  signed  by  the  clerk  thereof.  The  seals  of  the  Su- 
preme and  district  courts  to  be  provided  by  the  respective 
judges  of  the  same. 

Sec.  8.  The  judge  of  each  district  shall  appoint  the  times 
and  places  of  holding  the  courts  in  his  district,  and  where, 
under  the  laws  of  the  United  States,  his  state  was  divided 
into  two  or  more  districts,  he  shall  annually  hold  not  less 
than  two  terms  of  his  court  in  each  of  these  districts,  as 
they  existed  on  the  first  day  of  November,  1860.  But  in 
Louisiana  he  shall  only  be  required  to  hold  his  court  out  of 
New  Orleans  at  such  time  or  times  as  he  may  consider  the 
public  interest  requires  him  to  do,  and  the  counties,  dis- 
tricts or  parishes  which  constitute  the  divisions  of  his  dis- 
trict, shall  be  the  same  as  those  which  constituted  the  differ- 
ent districts  under  the  laws  aforesaid. 

Sec.  9.  The  said  judges,  before  they  proceed  to  execute 
the  duties  of  their  respective  offices,  shall  take  the  oath  or 
affirmation  prescribed  in  the  constitution,  and  shall  also 
swear  or  affirm  to  administer  justice  without  respect  to  per- 
sons, and  to  do  equal  right  to  the  poor  and  to  the  rich,  and 
faithfully  and  impartially  to  perform  and  discharge  all  the 
duties  of  his  office  agreeably  to  the  constitution  and  laws  of 
the  Confederate  States,  to  the  best  of  his  ability. 

Sec.  10.  The  district  courts  shall  have  jurisdiction,  con- 
current with  the  courts  of  the  several  States,  of  all  civil 
suits  at  common  law  or  in  equity,  where  the  matter  in  dis- 
pute, exclusive  of  costs,  exceeds  the  sum  or  value  of  five 
thousand  dollars,  and  where  the  character  of  the  parties  is 
such  as  by  the  Constitution  to  authorize  said  court  to  enter- 
tain jurisdiction.  But  no  person  shall  be  arrested  or  sum- 
moned in  any  such  suit  in  one  division  of  district  for  trial 
in  another ;  and  no  civil  suit  shall  be  brought  before  any  of 
said  courts  against  an  inhabitant  of  the  Confederate  States 
by  any  original  process  in  any  other  district  than  that  of 
which  he  is  an  inhabitant,  nor  shall  any  district  court  have 
cognizance  of  any  suit  to  recover  the  contents  of  any  prom- 
issory note  or  other  chose  in  action  in  favor  of  an  assignee 
or  transferee,  unless  a  suit  might  have  been  prosecuted  in 
such  court  to  recover  such  contents  if  no  assignment  or 
transfer  had  been  made,  except  in  cases  of  foreign  bills  of 
exchange. 


118 

Sec.  11.  Upon  joint  bills,  bonds,  notes  or  obligations, 
suits  may  be  brought  against  any  one  or  more  of  the  par- 
ties, except  that  separate  suits  shall  not  be  brought  against 
joint  parties  thereto  residing  in  the  same  district ;  and  when 
several  actions  shall  be  brought  against  persons  who  might 
be  legally  joined  in  one  action,  the  plaintiff,  if  judgment  be 
given  in  his  favor,  shall  not  recover  the  costs  of  more  than 
one  action. 

Sec.  12.  Suits  in  equity  shall  not  be  sustained  in  any  of 
the  courts  of  the  Confederate  States  in  any  case  where  plain, 
adequate  remedy  may  be  had  at  law.  And  in  any  State  in 
which  there  is  or  may  be  no  separate  court  of  equity,  the 
district  court  shall  administer  and  decide  on  matters  of 
equity,  according  to  the  course  of  practice  in  the  courts  of 
such  State. 

Sec.  13.  The  laws  of  the  several  States,  except  where  the 
Constitution,  treaties  or  statutes  of  the  Confederate  States 
shall  otherwise  require  or  provide,  shall  be  regarded  as  rules 
of  decision  in  the  courts  of  the  Confederate  States,  in  cases 
where  they  apply.  And  where  the  decision  of  the  highest 
court  in  a  State  has  become  a  rule  of  property,  the  same 
shall  be  adopted  as  a  rule  in  the  courts  of  the  Confederate 
States,  in  cases  in  which  the  laws  of  such  State  apply. 

Sec  14.  Except  the  style,  the  forms  of  writs  and  execu- 
tions and  other  process,  and  the  forms  and  modes  of  proceed- 
ing in  the  progress  and  trial  of  suits,  and  in  enforcing  the 
judgments  in  the  district  courts  of  the  Confederate  States  in 
cases  at  law,  shall  be  the  same  in  each  of  said  States,  respec- 
tively, as  are  now  in  use  in  the  highest  court  of  original 
general  jurisdiction  of  the  same;  and  in  proceedings  in 
equity,  according  to  the  principles,  laws  and  rules  which 
govern  courts  oi  equity  in  such  State.  And  whenever  any 
State  shall,  by  law,  change  such  forms  or  modes  of  proceed- 
ing in  its  own  courts,  such  change  shall  be  applicable  to  the 
forms  and  modes  of  proceeding  in  the  said  district  courts 
held  in  such  State,  unless  Congress  shall  otherwise  provide 
by  law.  And  the  said  district  courts  shall  likewise  have 
power  to  grant  new  trials. 

Sec  15.  The  costs  and  fees  of  clerks  and  marshals  in  the 
said  district  courts  shall  be  the  same  in  all  cases,  both  civil 
and  criminal,  as  are  allowed  by  the  law  of  the  State  in  which 
such  court  is  held,  for  similar  services,  to  the  officers  of  such 
State  in  the  highest  court  of  original  jurisdiction  therein, 
except  that  the  marshal  shall  be  entitled  to  mileage  at  the 


119 

rate  of  five  cents  per  mile  for  the  service  of  process  on  per- 
sons residing  out  of  the  county,  district  or  parish  in  which 
the  court  is  holden,  such  mileage  to  be  computed  for  the  dis- 
tance actually  travelled  in  the  service  of  such  process,  upon 
the  most  direct  route,  computed  from  the  place  of  holding 
such  court;  and  if  there  be  more  than  one  defendant  in  the 
same  case  in  one  county,  but  one  charge  for  mileage  shall  be 
made. 

Sec.  16.  Both  the  district  and  supreme  courts,  and  the 
judges  thereof,  out  of  term,  shall  have  power  to  issue  writs 
of  injunction,  scire  facias  and  habeas  corpus,  and.  all  other 
writs  not  specially  provided  for  by  statute  which  may  be  ne- 
cessary for  the  exercise  of  their  respective  jurisdictions  and 
agreeable  to  the  principles  and  usages  of  law :  Provided, 
That  writs  of  habeas  corpus  shall  in  no  case  extend  to  pris- 
oners, unless  when  they  are  in  eustody  under  or  by  virtue  of 
the  authority  of  the  Confederate  States. 

Sec.  17.  The  rules  for  taking  the  deposition  of  any  wit- 
nesses in  a  case  at  law  whose  attendance  cannot  be  procured, 
shall  be  the  same  as  are  in  force  by  law  in  the  highest  court 
of  original  jurisdiction  in  the  State  in  which  such  deposi- 
tions are  to  be  used;  and  they  shall  be  read  in  evidence 
upon  the  trial  of  the  cause,  subject  to  all  legal  exceptions  to 
which  they  would  be  liable  in  the  said  court  of  the  State. 
No  witness,  under  any  circumstances,  shall  be  compelled  to 
attend  a  court  in  a  civil  cause  in  any  other  district  or  divi- 
sion than  that  in  which  he  resides.  And  where^  his  attend- 
ance cannot  be  procured,  his  deposition  may  be  taken.  In 
suits  in  equity,  deposition  shall  be  taken  under  a  commis- 
sion issued  under  the  seal  of  the  court,  in  the  same  manner 
and  under  the  same  rules  and  regulations  in  and  by  which 
depositions  may  be  taken  in  the  highest  court  of  original 
equity  jurisdiction  in  the  State  in  which  such  depositions 
are  to  be  used,  and  when  so  taken  they  shall  be  read  upon 
the  hearing  of  the  cause,  if  subject  to  no  legal  exception  ; 
and  the  said  district  courts  may  also,  on  application  thereof 
as  a  court  of  equity,  direct  depositions  to  be  taken  to  per- 
petuate testimony  relating  to  matters  cognizable  in  any  court 
of  the  Confederate  States,  such  depositions  to  be  taken  ac- 
cording to  the  law  and  practice  in  the  State  in  which  the 
order  is  made :  Provided,  That  in  Louisiana  and  Texas  depo- 
sitions may  in  all  cases  be  taken  according  to  the  laws  regu- 
lating the  practice  of  the  highest  courts  of  original  juris- 
diction in  these  States. 


120 

Sec.  18.  The  judges  of  the  several  district  courts  may, 
each  for  his  own  district,  appoint  as  many  commissioners  as 
he  may  deem  necessary,  to  administer  oaths  and  take  ac- 
knowledgments of  deeds  or  other  papers  and  take  deposi- 
tions, which  acts  of  such  commissioner  shall  have  the 
same  force  and  effect  in  all  the  Confederate  States  and 
the  courts  thereof,  as  if  done  by  a  judge  of  such  court. 
And  any  person  swearing  falsely  in  any  oath  or  matter  be- 
fore such  commissioner  shall,  upon  conviction-,  be  liable  to 
the  same  punishment  as  if  the  oath  had  been  made  before 
such  judge.  And  the  same  fees  shall  be  allowed  such  com- 
missioner as  are  allowed  for  similar  services  by  the  laws  of 
the  State  in  which  they  are  performed.  All  the  powers  and 
authority  conferred  on  commissioners  in  and  by  the  preced- 
ing clause  are  hereby  vested  in  and  may  be  exercised  by  any 
legally  appointed  notary  public  in  any  of  the  Confederate 
States. 

Sec  19.  In  all  the  courts  of  the  Confederate  States  the 
parties  shall  have  a  right  to  be  heard  either  by  themselves 
or  counsel. 

Sec.  20.  Where  judgments  are  a  mortgage  or  lien  upon 
the  property  of  a  defendant  in  any  of  the  States,  they  shall 
have  the  same  effect  or  lien  when  rendered  in  one  of  the  dis- 
trict courts  of  the  Confederate  States  as  if  rendered  in  a 
State  court,  and  be  subject  to  the  same  rules  as  to  enroll- 
ment, or  recording  of  judgments  or  abstracts  of  judgments. 
And  the  lien  of  executions  shall  be  the  same  as  in  the  courts 
of  the  State  where  such  district  court  sits.  "  But  in  all 
cases  of  conflict  between  levies  of  process  from  the  State 
and  Federal  courts,  the  first  levy  shall  have  priority." 

Sec.  21.  The  mode  of  proof  by  oral  testimony  and  exami- 
nation of  witnesses  in  open  court,  in  trials  at  law,  shall  be 
the  same  in  the  said  district  courts  as  in  the  court  of  the 
highest  original  jurisdiction  in  the  State  in  which  such  trial 
takes  place;  and  the  compensation  of  witnesses  shall  like- 
wise be  the  same.  The  rules  to  determine  the  competency 
of  witnesses  shall  also  be  the  same. 

Sec.  22.  In  any  suit  depending  in  any  of  the  courts  of 
the  Confederate  States,  if  either  of  the  parties  should  die 
and  the  cause  of  action  should  survive,  such  suit  may  be 
revived  in  the  same  manner  as  in  similar  cases  in  the  courts 
of  the  highest  original  jurisdiction  in  the  State  in  which  the 
cause  is  pending,  and  when  there  are  two  or  more  plaintiffs 
and  defendants,  and  one  or  more  of  them   should  die,  the 


121 

suits  shall  not  be  thereby  abated,  but  such  death  being  sug- 
gested on  the  record,  the  suit  may  then  proceed  in  the  name 
of  the  survivor  or  survivors ;  or  where  the  law  of  any  State 
permits  the  representative  of  the  deceased  to  be  joined  in 
such  suit,  the  same  may  be  done  in  the  district  court ;  or  if 
the  cause  should  be  pending  in  the  Supreme  Court,  then  it 
may  be  revived  by  scire  facias  against  the  executor  or  ad- 
ministrator, issued  from  the  office  of  the  clerk  of  such 
court,  returnable  to  the  next  term  thereof,  and  duly  served 
by  the  marshal  twenty  days  before  the  sitting  of  such  court. 

Sec.  23.  The  said  district  court  shall  have  power  in  the 
trial  of  actions  at  lawT,  on  motion  and  clue  notice  thereof,  to 
require  the  parties  to  produce  books  or  writings  in  their 
possession  or  power  which  contain  evidence  pertinent  to  the 
issue ;  and  if  the  plaintiff  shall  fail  to  comply  with  such 
order,  judgment  of  non-suit  may  be  given  against  him ;  and 
if  the  defendant  shall  so  fail,  then  judgment  by  default  may 
be  rendered  against  him. 

Sec.  24.  The  courts  of  the  Confederate  States  shall  have 
power  to  inflict  punishment  for  contempts  of  court,  but  such 
power  shall  not  be  construed  to  extend  to  any  cases  except 
misbehavior  in  the  presence  of  the  court,  or  so  near  thereto 
as  to  obstruct  the  administration  of  justice,  the  misbehavior 
of  any  of  the  officers  of  said  court  in  their  official  transac- 
tions, and  the  disobedience,  resistance  or  obstruction  by  any 
person  whatsoever  of  the  process,  order,  rule,  decree  or  com- 
mand of  said  courts ;  but  such  punishment  shall  not  exceed 
the  imposition  of  a  fine  of  one  hundred  dollars  and  impris- 
onment during  the  term  of  the  court. 

Sec.  25.  Jurors,  in  all  cases,  to  serve  in  the  courts  of  the 
Confederate  States,  shall  have  the  like  qualifications,  and  be 
entitled  to  the  like  exemptions,  as  jurors  in  the  highest  court 
of  original  jurisdiction  of  the  State  in  which  the  district 
court  is  held,  and  shall  be  selected  by  lot  or  otherwise,  ac- 
cording to  the  form  and  mode  of  forming  such  juries  in  the 
courts  of  the  State,  in  so  far  as  such  mode  may  be  practica- 
ble ;  and  for  this  purpose,  the  district  courts  shall  have 
power  to  make  all  rules  and  regulations  necessary  to  conform 
to  the  selection  and  empanneling  of  juries  to  the  laws  of 
the  State,  so  as  to  secure  an  impartial  trial,  without  need- 
less expense,  and  without  undue  burden  to  the  citizens  of 
any  part  of  the  district.  And  when  from  any  cause  there 
shall  not  be  a  jury  to  determine  any  criminal  or  civil  case 
the  court  may  direct  a  jury  to  be  summoned  of  the  by  stand- 


122 

ers  to  complete  the  pannel.  And  it  shall  be  the  duty  of  the 
judge,  thirty  days  before  the  holding  of  the  first  court  in  his 
district  under  this  law,  to  direct  the  marshal  in  what  man- 
ner and  to  what  extent  to  summon  jurors  for  such  court. 

The  compensation  to  jurors  in  both  civil  and  criminal 
cases  shall  be  the  same  as  is  allowed  to  jurors  in  courts  of 
the  highest  original  jurisdiction  in  the  State  in  which  such 
court  is  held;  and  if  in  such  State  court  there  be  no  allow- 
ance for  mileage,  the  jurors  shall  be  allowed  five  cents  per 
mile  for  travelling  from  their  respective  places  of  abode  to 
the  place  where  the  court  is  holden,  and  the  same  for 
returning. 

Sec.  26.  In  all  suits  on  bonds,  agreements,  or  speciali- 
ties for  penalties,  or  breach  of  covenant,  the  amount  recov- 
ered by  the  default  or  confession  of  the  defendant  or  upon 
demurrer,  shall  be  the  sum  actually  due ;  and  when  the  sum 
for  which  judgment  is  rendered  is  uncertain,  the  same  shall 
be  assessed  by  a  jury.  On  all  judgments  in  civil  cases  for 
the  payment  of  money,  interest  shall  be  allowed  at  such 
rate  as  is  allowed  upon  judgments  rendered  in  the  highest 
court  of  original  jurisdiction  in  the  State  in  which  such 
district  court  sits. 

Sec.  27.  Every  mistake,  omission,  defect  or  imperfection 
in  the  process,  declaration,  pleading,  or  any  of  the  proceed- 
ings in  any  cause,  or  in  the  judgment,  shall  be  amended 
from  time  to  time,  at  the  instance  of  either  party,  according 
to  the  several  statutes  of  amendments  or  jeofails  in  the  State 
in  which  the  court  sits,  so  as  to  secure  a  trial  upon  the  mer- 
its, and  that  justice  may  be  done,  subject  to  any  rule  for  the 
costs  of  amendment  which  the  judge  may  impose. 

Sec  28.  Where,  in  any  State,  there  are  two  or  more  di- 
visions of  the  district  court,  all  writs  of  execution  upon  any 
judgment  rendered  in  the  court  of  either  division  may  run 
and  be  executed  in  any  part  of  such  State,  but  shall  be  is- 
sued and  made  returnable  to  the  court  in  which  the  judg- 
ment was  rendered. 

Sec  29.  A  writ  of  error,  when  authorized  by  law  to 
operate  as  a  supersedeas  and  stay  of  execution,  shall  only 
have  that  effect  when  a  copy  thereof  and  a  citation  have 
been  served  on  the  adverse  party  or  his  counsel  of  record; 
but  no  execution  shall  issue  in  less  than  ten  days  from  the 
rendition  of  the  judgment  or  decree,  unless  upon  affidavit 
made,  showing  a  necessity  therefor. 

Sec  30.   Should  the  marshal  or   clerk  fail  to  pay  over  to 


123 

the  party  entitled  thereto,  or  to  his  attorney  of  record,  upon 
demand  made,  any  money  which  may  have  come  to  his  hands 
by  virtue  of  any  order  or  process  of  the  court,  such  money, 
with  legal  interest  and  ten  per  cent,  damages,  may  be  re- 
covered from  him  and  his  sureties  in  his  official  bond,  upon 
motion  and  three  days'  notice  in  the  court  of  which  he  is 
marshal  or  clerk. 

Sec.  31.  There  shall  be  appointed  in  each  of  the  districts 
by  the  President,  a  meet  person,  learned  in  the  law,  to  act 
as  attorney  for  the  Confederate  States  in  such  district,  who 
shall  be  sworn  or  affirmed  to  the  -faithful  performance  of  his 
duty  in  office,  and  to  support  the  Constitution ;  and  it  shall 
be  his  duty  to  prosecute,  in  such  district,  all  delinquents  for 
crimes  and  offences  cognizable  in  such  court  under  the  laws 
of  the  Confederate  States,  and  to  prosecute  or  defend  all  civil 
actions  in  which  the  Confederate  States  shall  be  concerned, 
except  before  the  Supreme  Court,  in  the  district  in  which 
that  court  shall  be  holden.  And  he  shall  receive  as  compen- 
sation for  his  services  a  salary  of  two  hundred  dollars  per 
annum,  payable  quarterly,  and  ten  dollars  per  diem  for  every 
day  that  he  is  engaged  in  attending  said  court,  together  with 
such  fees  as  shall  hereafter  be  prescribed  by  law.  And  where 
there  are  three  divisions  in  the  district  for  which  he  is  ap- 
pointed, he  shall  be  allowed  mileage,  at  the  rate  of  ten  cents 
per  mile,  for  going  to  and  returning  from  the  court  which  is 
most  distant  from  his  place  of  residence,  to  be  computed  on 
the  most  usual  line  of  travel ;  and  in  case  of  the  absence  of 
such  attorney  from  any  term  of  the  court,  the  presiding 
judge  may  appoint  a  fit  person  to  act  for  him  for  the  term. 

Sec.  32.  Whenever  a  marshal  shall  sell  any  lands  or  ten- 
ements by  virtue  of  any  process  in  his  hands,  and  shall  die, 
or  in  any  manner  go  out  of  office  before  making  a  deed  to 
the  same,  the  court  to  which  the  process  is  returnable  may, 
upon  written  application  and  notice  thereof  to  the  plaintiff 
and  defendant,  or  their  counsel,  and  upon  a  statement  and 
proof  of  the  facts,  direct  his  successor  to  m/ike  the  necessa- 
ry deed  therefor  upon  the  payment  of  any  purchase  money 
or  costs  remaining  unpaid.  .    ' 

Sec  33.  In  any  civil  case  in  any  of  the  courts  of  the 
Confederate  States,  the  plaintiff  may,  upon  motion,  be  re- 
quired to  give  security  for  the  costs,  upon  such  terms  as  the 
court  by  its  rules  may  prescribe ;  and  if  he  should  fail  to 
comply  within  the  time  allowed,  the  suit  shall  be  dismissed 
at  the  next  term,  unless  good  cause  be  shown  against  it. 


124 

And  the  said  district  courts  shall  have  power,  from  time  to 
time,  to  make  all  needful  rules  for  the  conduct  and  dispatch 
of  business  therein,  not  inconsistent  with  the  Constitution 
and  laws  of  the  Confederate  States,  or  with  the  provisions  of 
this  act. 

Sec.  34.  The  laws  of  the  several  States  abolishing;  im- 
prisonment  for  debt,  and  providing  relief  for  debtors  held  in 
custody,  shall  take  effect  in  favor  of  all  persons  held  in 
custody  for  debt  under  the  process  of  the  federal  courts  of 
the  Confederacy. 

Sec.  35.  And  be  it  further  enacted,  That  the  said  district 
courts  shall  have  exclusive  cognizance  of  all  crimes  and  of- 
fences cognizable  under  the  authority  of  the  Confederate 
States,  except  where  the  laws  of  said  Confederate  States 
shall  otherwise  provide. 

Sec.  36.  The  said  courts,  in  term,  shall  have  power  to 
direct  a  grand  jury  to  be  summoned  and  empannelled,  when- 
ever in  its  judgment  it  may  be  proper  to  do  so,  and  at  such 
time  as  it  may  direct.  After  such  jury  is  empannelled  the 
proceedings  shall  conform,  as  nearly  as  may  be,  to  the  law 
and  practice  of  the  court  of  the  highest  original  criminal 
jurisdiction  in  the  State  where  such  district  court  is  held. 
But  no  grand  jury  shall  be  summoned  unless  upon  the  order 
of  the  judge  or  court,  and  if  made  by  the  judge  out  of  term, 
shall  be  in  writing  under  his  hand  and  seal. 

Sec.  37.  Until  otherwise  provided  by  law  of  Congress, 
the  laws  of  the  United  States  in  regard  to  crimes  and  offen- 
ces, and  to  the  mode  of  procedure,  practice  and  trial  in  all 
criminal  cases  shall  be  in  force,  and  form  the  rule  of  prac- 
tice and  decision  in  the  district  courts  of  the  Confederate 
States,  and  where  there  is  no  such  law  governing  the  prac- 
tice, then  the  rule  and  course  shall  conform  as  nearly  as 
practicable  to  the  practice  established  by  law  of  the  State 
court  of  highest  original  jurisdiction  in  which  the  said  dis- 
trict court  sits.  And  this  provision  shall  extend  to  the  rules 
of  evidence  and  mode  of  examining  witnesses  in  such  cases. 

Sec.  38.  Writs  of  error  or  appeals  to  the  Supreme  Court 
of  the  Confederate  States  shall  be  allowed  the  accused  in  all 
cases  in  which  the  punishment  or  penalty  upon  conviction  is 
death  or  imprisonment  in  the  penitentiary,  in  the  same  man- 
ner and  upon  the  same  terms  as  are  allowed  in  courts  of 
highest  original  criminal  jurisdiction  in  the  State  in  which 
such  district  court  is  holden ;  and  the  remedy  upon  any 
bond  given  in  such  case,  shall  be  the  same  as  in  the  courts 


125 

of  the  State  from  which  such  appeal  or  writ  of  error  is  taken. 
Such  writ  of  error  shall  operate  as  a  stay  to  the  execution 
of  the  sentence  or  judgment,  upon  the  execution  of  such 
bond  as  may  be  required  by  the  State  law  in  similar  cases; 
and  if  such  sentence  or  judgment  shall  be  affirmed,  and  the 
time  for  executing  the  same  shall  have  passed,  the  Supreme 
Court  shall  give  such  judgment  or  pronounce  such  sentence 
as  the  law  prescribes,  and  appoint  the  time  and  place  for 
carrying  the  same  into  effect  by  the  marshal  of  the  court 
from  which  said  writ  of  error  emanated. 

Sec.  39.  The  said  district  courts  shall  have  original  cog- 
nizance of  all  civil  causes  of  admiralty  and  maritime  juris- 
diction, including  all  seizures  under  the  revenue  laws  or 
laws  of  navigation  and  trade  of  the  Confederate  States, 
when  the  seizures  or  cause  of  complaint  arises  on  waters 
which  are  navigable  from  the  sea  by  vessels  of  one  hundred 
or  more  tons  burden,  within  the  respective  districts  as  well 
as  upon  the  high  seas ;  saving  to  suitors  in  all  cases  the 
right  of  a  common  law  remedy,  where  the  remedy  at  com- 
mon law  is  ample  and  complete.  And  said  district  courts, 
as  courts  of  admiralty,  shall  be  deemed  always  open  for  the 
purpose  of  filing  libels,  petitions,  answers  and  other  plead- 
ings, for  issuing  and  returning  mesne  and  final  process  and 
commissions,  and  for  making  all  interlocutory  orders  or 
rules  which  may  be  necessary. 

And  the  laws  of  the  United  States  and  the  rules  of  court 
in  reference  to  admiralty  proceedings  in  force  in  the  ad- 
miralty courts  of  the  United  States  of  America,  on  the 
twentieth  day  of  December,  one  thousand  eight  hundred 
and  sixty,  so  far  as  the  same  may  be  applicable,  and  are  not 
inconsistent  with  the  Constitution  and  laws  of  the  Confederate 
States,  are  hereby  continued  in  full  force  and  effect  in  the 
courts  of  the  Confederate  States,  until  altered  or  repealed 
by  law. 

Sec  40.  Final  judgments  and  decrees  in  civil  actions, 
and  final  decrees  in  equity  in  a  district  court,  where  the 
matter  in  dispute  exceeds  in  value  the  sum  of  five  thousand 
dollars,  exclusive'of  costs,  may  be  re-examined,  and  revers- 
ed or  affirmed  upon  a  writ  of  error  in  the  Supreme  Court, 
the  citation  in  such  case  being  signed  by  a  judge  of  the 
district  court  or  of  the  Supreme  Court,  and  the  adverse 
party  having  at  least  thirty  days'  notice.  Writs  of  error, 
shall  not  be  brought  but  within  two  years  after  rendering 
or  passing  the  judgment  or  decree  complained  of,  or  in  case 


126 

the  person  entitled  to  such  writ  of  [error]  be  an  infant, 
femme  covert,  non  compos  mentis  or  imprisoned,  then  with- 
in two  years,  as  aforesaid,  exclusive  of  the  time  of  such 
disability.  And  every  judge  signing  a  citation  or  any  writ 
of  error,  as  aforesaid,  shall  take  bond,  and  good  and  suffi- 
cient sureties,  that  the  plaintiff  shall  prosecute  his  writ  with 
effect,  and  answer  all  costs  if  he  fail  to  make  good  his  plea; 
and  no  writ  of  error  shall  operate  as  a  supersedeas  and  stay 
of  execution,  unless  such  bond  be  with  sureties  and  of  suffi- 
cient amount  to  secure  the  whole  judgment,  if  it  be  affirmed, 
in  addition  to  the  costs. 

And  the  said  court  or  the  judges  thereof,  shall  have  power 
to  appoint  a  clerk,  who  shall  take  the  oath  prescribed, for 
the  clerks  of  the  district  courts,  and  give  bond  for  the  faith- 
ful discharge  of  his  duty,  in  such  amount  as  said  court  may 
direct,  whose  fees  shall  be  the  same  as  those  now  allowed  to 
the  clerks  of  the  Supreme  Courts  of  the  United  States. 

Sec.  41.  Where,  upon  such  writ  of  error,  the  Supreme 
Court  shall  affirm  a  judgment  or  decree,  they  may  adjudge 
or  decree  to  the  defendant  in  error  just  damages  for  his  de- 
lay not  exceeding  ten  per  cent,  per  annum,  but  such  damages 
shall  only  be  given  when  it  is  manifest  to  the  court  that  the 
appeal  or  writ  of  error  was  taken  for  delay,  and  all  costs. 
The  Supreme  Courts  shall  not  issue  executions  in  causes 
that  are  removed  before  them  by  writs  of  error,  but  shall 
send  a  special  mandate  to  the  district  court  to  award  execu- 
tion thereupon,  including  lawful  costs  accruing  upon  such 
appeal. 

Sec.  42.  From  all  final  judgments  or  decrees  which  may 
be  rendered  in  any  district  court  in  any  cases  of  equity,  of 
admiralty  and  maritime  jurisdiction,  and  of  prize  or  no 
prize,  an  appeal,  where  the  matter  in  dispute,  exclusive  of 
costs,  exceeds  the  sum  or  vahie  of  five  thousand  dollars  in 
equity,  or  of  five  hundred  dollars  in  courts  of  admiralty 
and  maritime  jurisdiction,  shall  be  allowed  to  the  Supreme 
Court,  and  upon  such  appeal,  a  transcript  of  the  libel,  bill, 
answer,  depositions  and  all  other  proceedings  of  what  kind 
soever  in  the  cause,  shall  be  transmitted,  to  the  said  Su- 
preme Court;  and  no  new  evidence  shall  be  received  in  the 
said  court  on  the  hearing  of  such  appeal ;  and  such  appeals 
shall  be  subject  to  the  same  rules,  regulations,  and  restric- 
tions as  are  prescribed  in  law  in  case  of  writs  of  error ;  and 
the  said  Supreme  Court  shall  be  and  hereby  is  authorized 
and  required  to  receive,  hear  and  determine  such  appeal : 


127 

Provided  always,  That  appeals  or  writs  of  error  in  any  case 
to  the  Supreme  Court  of  this  Confederacy  from  existing 
judgments  or  decrees,  maybe  taken  under  the  same  rules  and 
regulations  required  by  the  laws  of  the  United  States  for  ap- 
peals or  writs  of  error  to  the  Supreme  Court  of  the  United 
States  existing  at  the  time  the  said  judgment  or  decrees  were 
rendered. 

Sec.  43.  The  Supreme  Court  shall  have  power  from 
time  to  time  to  make  all  such  rules  and  regulations  as  it 
may  deem  needful  for  the  orderly  and  correct  dispatch  of 
cases  not  inconsistent  with  the  rules  of  law,  and  this  power 
shall  extend  both  to  original  and  appellate  causes  therein. 
In  all  cases  in  the  Supreme  Court  where  there  is  an  equal 
division  of  opinion  among  the  judges  thereof,  and  the  court 
is  not  full,  there  shall  be  awarded  a  re-argument  before  a 
full  court.  If  there  be  such  division  when  the  court  is 
full,  then  the  judgment  of  the  court  below  shall  be  affirmed. 

Sec.  44.  The  Supreme  Court  shall  have  original  jurisdic- 
tion of  all  controversies  of  a  civil  nature  where  a  State  is 
a  party,  except  between  a  State  and  its  citizens,  or 
citizens  of  any  other  State  or  nation.  It  shall  also  have  ex- 
clusively all  such  jurisdiction  of  suits  or  proceedings 
against  ambassadors  or  other  public  ministers,  or  their  ser- 
vants, as  a  court  of  law  can  have  or  exercise  consistently 
with  the  law  of  nations,  and  original,  but  not  exclusive 
jurisdiction,  of  all  suits  brought  by  ambassadors  or  other 
public  ministers,  or  in  which  a  consul  or  vice-consul  shall 
be  a  party.  And  the  trial  of  issues  in  fact  in  the  Supreme 
Court,  in  all  actions  at  law  against  citizens  of  the  Confede- 
rate States  shall  be  by  jury,  and  it  shall  have  power  to  issue 
writs  of  prohibition  to  the  district  courts,  when  proceeding 
as  courts  of  admiralty  and  maritime  jurisdiction,  and  writs 
of  mandamus,  in  cases  warranted  by  the  principles  and 
usages  of  law,  to  any  courts  appointed  under  the  authority 
of  the  Confederate  States. 

Sec  45.  Be  it  further  enacted,  That  a  final  judgment  or 
decree  in  any  suit,  in  the  highest  court  of  law  or  equity  of 
a  State  in  which  a  decision  in  the  suit  could  be  had,  where 
is  drawn  in  question  the  validity  of  a  treaty  or  statute  of, 
or  an  authority  exercised  under  the  Confederate  States : 

Or  where  is  drawn  in  question  the  validity  of  a  statute 
of,  or  an  authority  exercised  under  any  State,  on  the  ground 
of  their  being  repugnant  to  the  Constitution,  treaty  or  laws 
of  the  Confederate  States : 


128 

Or  where  is  drawn  in  question  the  construction  of  any 
clause  of  the  Constitution,  or  of  a  treaty,  or  statute  or 
commission  held  under  the  Confederate  States : 

In  each  of  these  causes  the  decision  may  be  re-examined, 
and  reversed  or  affirmed  in  the  Supreme  Court  of  the  Con- 
federate States,  upon  a  writ  of  error,  the  citation  being 
signed  by  any  judge  of  the  said  Supreme  Court,  in  the  same 
manner  and  under  the  same  regulations,  and  with  the  like  effect 
as  if  the  judgment  or  decree  complained  of  had  been  ren- 
dered or  passed  in  a  district  court  of  the  Confederate  States  ; 
and  the  proceeding  upon  reversal  shall  be  the  same,  except 
that  the  Supreme  Court,  instead  of  remanding  the  cause  for 
a  final  decision,  may  at  their  discretion,  if  the  cause  shall 
have  once  been  remanded  before,  proceed  to  a  final  decision 
of  the  same  and  award  execution.  But  no  other  error 
shall  be  assigned  or  regarded  as  a  ground  of  reversal  in  any 
such  case  as  aforesaid  than  such  as  appears  in  the  face  of 
the  record,  and  immediately  respects  the  beforementioned 
questions  of  validity  or  construction  of  the  said  Constitu- 
tion, treaties,  statute,  commissions  or  authorities  in  dispute. 

Sec.  46.  All  judgments,  orders  and  decrees  made  by  any 
State  court  since  the  date  of  the  secession  of  such  State, 
upon  any  subject  or  matter  which  before  such  secession  was 
within  the  jurisdiction  of  the  courts  of  the  United  States, 
shall  have  the  force  and  effect  of  judgments,  orders  and  de- 
crees of  the  courts  herein  established,  with  the  privilege  of 
either  party  to  appeal  or  sue  out  a  writ  of  error. 

Sec.  47.  And  be  it  further  enacted,  That  all  the  records, 
papers,  dockets,  depositions  and  judicial  proceedings  of  every 
kind  appertaining  to  any  suit  now  pending  in  the  circuit  or 
district  courts  of  the  United  States,  within  any  of  the 
States  of  the  Confederacy,  shall  be  transferred  to  the  Dis- 
trict Court  of  the  Confederate  States  of  America  in  the  same 
State  and  district  in  which  the  same  was  pending ;  and  the 
late  clerk  of  said  of  said  court  or  distrct  courts,  or  other 
persons  in  whose  custody  said  records,  papers,  dockets,  de- 
positions and  judicial  proceedings  may  be,  shall  deliver  the 
same  to  the  clerk  of  the  district  court  to  which  they  may  be 
transferred  under  the  provisions  of  this  act,  and  the  same  shall 
stand  in  the  same  plight  and  condition  in  which  they  were  in 
said  circuit  and  district  courts  respectively,  and  all  previous 
orders  therein  made  shall  have  the  same  effect.  And  the  court 
to  which  said  causes  are  hereby  transferred  shall  proceed  to 
hear  and  determine   the    same    according   to   law,  and  all 


129 

dockets,  books,  records,  documents  and  papers  of  every  kind 
pertaining  to  judicial  proceedings  in  any  of  said  courts,  and 
to  suits  heretofore  decided  therein,  and  all  patents,  deeds, 
records,  books  and  papers  pertaining  to  any  land  office 
which  may  by  law  have  been  deposited  with  the  clerk  of  any 
of  said  courts  or  transferred  to  his  office  for  safe  keeping, 
shall  be  delivered  to  the  clerk  of  the  district  court  for  the 
district  in  which  such  court  is  situated,  and  the  same  shall 
be  safely  kept  and  preserved  by  said  clerk  until  otherwise 
provided  by  law.  And  copies  of  any  such  records  or  other 
papers  made  out  by  said  clerk  of  the  district  court  and  au- 
thenticated according  to  law,  shall  have- the  force  and  effect 
given  to  copies  of  other  instruments  of  like  character  in  such 
State,  and  be  admissable  in  evidence  in  all  cases  in  which 
copies  are  admitted  as  evidence  in  the  courts  of  the  Confed- 
erate States :  Provided,  That  all  suits  which  shall  have  been 
pending  in  any  of  said  courts  for  the  space  of  five  years 
without  prosecution  shall  be  considered  as  abandoned,  unless 
prosecuted  within  six  months  from  the  time  of  such  trans- 
fer. 

And  the  judgments  in  all  civil  cases  heretofore  rendered 
in  said  circuit  and  district  courts  of  the  United  States  re- 
maining unsatisfied,  shall  have  the  same  force  and  effect 
which  they  had  before  the  secession  of  the  state  in  which 
said  court  is  situated,  and  the  same  proceedings  may  be  had 
thereon  in  the  district  court  of  the  Confederate  States,  by 
execution  or  otherwise,  which  might  have  been  taken  in  the 
court  in  which  they  were  rendered  at  the  time  of  their  ren- 
dition. And  where,  under  any  such  judgment  of  the  circuit 
courts  of  the  United  States,  any  execution  may  have  been 
in  part  executed  by  levy  on  property  or  otherwise,  it  shall 
be  the  duty  of  the  marshal  or  officer  in  whose  hands  such 
execution  and  property  may  be,  to  turn  over  the  same  to  the 
marshal  of  the  Confederate  States  for  the  district  in  which 
such  judgment  was  rendered,  and  to  take  his  receipt  there- 
for ;  and  thereupon  the  said  marshal  shall  proceed  to  dispose 
of  the  same  according  to  the  laws  in  force  at  the  time  such 
judgment  was  rendered,  and  pay  over  the  proceeds  to  the 
party  entitled.  And  new  process  shall  be  issued  in  such 
district  courts  when  requisite ;  but  all  suits  pending  in  said 
courts  in  which  the  United  States  are  plaintiffs  shall  remain 
suspended,  and  no  further  proceedings  shall  be  had  therein 
until  the  independence  of  this  Confederacy  shall  be  recognized 
by  the  United  States ;  and  execution  of  all  judgments  ren- 
9 


130 

dered  in  favor  of  said  United  States  is  hereby  suspended, 
and  all  seizures  on  executions  heretofore  made  in  behalf  of 
the  said  United  States  are  hereby  declared  to  be  inoperative 
and  void,  and  shall  not  be  renewed  until  recognition  be 
made  of  the  independence  of  this  Confederacy  as  aforesaid. 
But  this  section  shall  be  subject  to  such  disposition  of  the 
causes  therein  provided  for  as  has  been  made  by  the  several 
states  before  the  adoption  of  the  Provisional  Constitution, 
unless  said  states  shall  conform  their  legislation  to  the  pro- 
visions in  this  act  contained. 

Sec.  48.  Where  cases  are  now  pending  in  the  Supreme 
Court  of  the  United  States  upon  appeal  or  writ  of  error, 
from  any  court  of  the  states  now  forming  the  Confederate 
States,  it  shall  be  lawful  for  the  appellant  or  plaintiff  in 
error,  at  any  time  within  twelve  months  from  the  date,  to 
dismiss  such  appeal  or  writ  of  error,  and  file  a  transcript  of 
the  record  and  a  copy  of  the  bond  for  the  appeal  or  writ  of 
error  in  the  Supreme  Court  of  the  Confederate  States,  and 
thereupon  the  same  shall  be  considered  in  all  respects  as  if 
it  had  been  originally  filed  in  the  said  Supreme  Court  of  the 
Confederate  States,  and  shall  be  heard  and  determined  in 
said  court  according  to  the  laws  in  force  at  the  time  said 
cause  was  determined  in  the  court  below,  and  the  rights  of 
■the  respective  parties  shall  be  the  same  as  when  said  cause 
was  taken  up  to  the  Supreme  Court  of  the  United  States. 
And  if  such  cause  shall  not  be  transferred  in  twelve  months 
as  aforesaid,  then  the  judgment  of  the  court  from  which  the 
appeal  or  writ  of  error  was  taken  shall  be  deemed  final  and 
in  all  things  affirmed.  And  in  case  of  such  transfer,  the 
bond  given  for  the  appeal  or  writ  of  error  shall  be  and 
remain  in  full  force  in  the  court  of  the  Confederate  States ; 
and  in  cases  where  the  transcripts  of  the  records  have  al- 
ready been  printed  in  the  Supreme  Court  of  the  United 
States  under  the  rules  thereof,  such  printed  copy  duly  certi- 
fied by  the  clerk  of  that  court  may  be  filed  in  the  Supreme 
■Court  of  these  Confederate  States,  and  it  shall  not  be  neces- 
sary to  have  a  new  transcript  made  by  the  clerk  of  the  court 
from  which  the  appeal  or  writ  of  error  was  prosecuted. 

Sec.  49.  And  where  there  shall  heretofore  have  been  any 
judgment  or  decree  in  the  Supreme  Court  of  the  United 
States  in  a  case  from  any  of  the  district  or  circuit  courts  of 
the  United  States  for  any  one  of  the  states  now  forming  a 
part  of  the  Confederate  States,  and  which  remains  in  force 
and  unexecuted,  it  shall  be  and  it  is  hereby  made  the  duty 


131 

of  the  district  court  of  such  Confederate  State  and  its 
officers  to  carry  into  effect  and  to  execute  such  judgment  or 
decree  according  to  the  mandate  of  the  Supreme  Court  of 
the  United  States,  as  if  there  had  been  no  dissolution  of  the 
Union :  Provided,  That  such  judgment  or  decree  Was  ren- 
dered before  the  secession  of  the  state  from  which  such  cause 
went  to  the  Supreme  Court. 

When  any  cause  is  transferred  under  the  provisions  of  this 
law,  notice  of  such  transfer  shall  be  given  to  the  adverse 
party  or  his  counsel  thirty  days  before  the  term  of  the  court 
at  which  such  cause  is  to  be  tried. 

Sec.  50.  In  all  cases  where  persons  are  under  judgment 
or  sentence,  or  are  imprisoned  upon  conviction  of  any  crime 
or  offence,  before  any  court  of  the  United  States,  in  any  of 
the  states  now  forming  a  part  of  the  Confederate  States  of 
America,  such  judgment  or  sentence  shall  continue  in  full 
force  and  effect  until  the  same  has  been  executed  and  car- 
ried out,  and  the  said  district  courts  of  the  Confederate 
States  are  hereby  clothed  with  all  necessary  powers  to  have 
such  judgment  or  sentence  executed. 

And  no  person  now  under  arrest  or  in  custody  upon  any 
criminal  charge  or  offence,  on  process  issued  from  the  courts 
of  the  United  States,  shall  be  released  by  reason  of  the  dis- 
solution of  the  Union,  but  he  shall  continue  under  arrest  or 
in  custody  until  discharged  by  due  course  of  law.  And  any 
bail  bond  given  by  any  party  to  answer  any  charge  under 
process  from  any  of  said  courts  shall  be  obligatory  upon 
such  party  and  his  sureties,  and  bind  him  to  appear  at  the 
first  term  of  the  district  court  of  the  Confederate  States  to 
be  held  for  the  district  in  which  he  was  arrested. 

And  all  indictments  heretofore  found  in  any  of  the  said 
courts  and  not  yet  disposed  of  shall  continue  in  full  force 
and  virtue  until  heard  and  determined  in  the  district  court 
of  the  Confederate  States  for  the  district  in  which  the  same 
was  found.  And  all  warrants  or  other  process  issuing  on 
any  criminal  charge  from  any  of  said  courts  shall  continue 
in  force  and  be  made  returnable  to  the  court  of  the  district 
in  the  Confederate  States  in  which  the  offence  therein 
charged  is  alleged  to  have  been  committed.  And  to  these 
ends  full  authority  is  hereby  granted  to  said  district  courts. 
Sec.  51.  Where,,  by  the  laws  of  any  state,  its  penitentia- 
ry or  jails  may  be  used  by  the  courts  or  marshals  of  the 
Confederate  States,  the  same  shall  be  so  used  whenever 
necessary ;  but  if  in  any  state  there  be  no  law  authorizing 


132 

their  use,  then  it  shall  be  the  duty  of  the  marshal  to  provide 
a  suitable  place  or  places  for  the  custody  and  confinement  of 
all  prisoners  or  convicts  who  may  be  committed  to  his  cus- 
tody by  competent  legal  authority. 

Sec.  52.  Where  any  forfeiture  or  penalty  is  by  law  pre- 
scribed against  misfeasance  or  malfeasance  in  office  by  any 
of  the  officers  of  the  Confederate  States  residing  at  the  seat 
of  government,  or  where  crimes  or  offences  are  committed 
by  any  of  said  officers  in  their  respective  offices,  which  are 
or  may  be  punishable  by  indictment,  or  where  suits  may 
become  necessary  upon  the  official  bonds  of  any  such  officers, 
made  payable  to  the  Confederate  States  of  America,  the 
jurisdiction  in  all  such  cases  shall  pertain  to  and  be  exerci- 
sed by  the  district  court  of  the  Confederate  States  which 
shall  be  held  at  the  seat  of  government. 

Sec.  53.  From  all  judgments  or  decrees  which  shall  be 
rendered  in  causes  pending  in  the  courts  of  the  United 
States  at  the  time  of  the  secession  of  the  states  in.  which 
the  same  were,  and  which  causes  shall  be  transferred  to  and 
decided  by  the  courts  of  this  Confederacy,  writs  of  error  or 
appeal  may  lie  to  the  Supreme  Court  of  this  Confederacy, 
when  the  sum  or  matter  in  controversy  exceeds  the  sum  of 
-two  thousand  dollars. 

Sec  54.  This  act  shall  be  in  force  and  have  effect  from 
•and  after  the  passage  thereof,  and  all  laws  and  parts  of  laws 
coming  within  the  purview  of  this  act  shall  be  and  the  same 
are  hereby  repealed. 

Approved  March  16,  1861. 


No.  84.]  AN  ACT 

-Making  appropriations  for  the  Custom  Houses  at  New  Or- 
leans and  Charleston,  and  for  other  purposes. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  following  Sums  be  and  they  are  hereby  appropria- 
ated  for  the  objects  hereafter  expressed,  for  the  year  ending 
February  the  fourth,  eighteen  hundred  and  sixty-two : 

Custom  House,  Charleston,  South  Carolina. — For  preserving 
unfinished  work  upon  the  Charleston  custom  house,  the  sum 
of  five  thousand  dollars. 

Custom  House,  New  Orleans. — For  roof,  and  preserving  un- 


133 

finished  work  upon  the  custom  house  at  New  Orleans,  the 
sum  of  ten  thousand  dollars.  For  fitting  up  suitable  rooms 
for  the  accommodation  of  the  courts,  and  clerk's  office  at 
New  Orleans,  the  sum  of  ten  thousand  dollars. 

Approved  March  15,  1861. 


No.  85.]  A  RESOLUTION 

In  relation  to  the  Contingent  Fund  of  Congress. 

1st.  Resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  disbursement  of  the  contingent  fund  of 
Congress  be  placed  under  the  direction  and  control  of  the 
Secretary,  subject  to  the  approval  of  the  committee  on  ac- 
counts. 

Resolved  further,  That  estimates  shall  regularly  be  submit- 
ted by  the  Secretary,  and  no  disbursement  of  the  contingent 
fund  shall  hereafter  be  audited  by  the  committee  on  accounts, 
except  in  accordance  with  such  estimates. 

Resolved  further,  That  the  Secretary  at  the  next  meeting 
of  this  Congress,  shall  submit  a  detailed  and  particular  state- 
ment of  the  payments  made  and  authorized  by  him  from  the 
contingent  fund  of  Congress. 

Approved  March  15,  1861. 


No.  86.]  AN  ACT 

To  establish  the  Bureau  of  Indian  Affairs. 

Section  1.  Tlie  Congress  of  the  Confederate  States  of  Amer- 
ca  do  enact,  That  an  additional  bureau  in  the  War  Depart- 
ment be  and  the  same  is  hereby  established,  to  be  known  as 
the  Bureau  of  Indian  Affairs,  and  charged  with  the  manage- 
ment of  our  relations  with  the  Indian  tribes. 

Sec.  2.  Be  it  further  enacted,  That  the  President,  by  and 
with  the  advice  and  consent  of  the  Congress,  may  appoint  a 
Commissioner  of  Indian  Affairs  and  one  clerk,  to  take  charge 
of  the  business  of  the  bureau  hereby  established,  the  salary 


134 


of  the  Commissioner  to  be  twenty-five  hundred  dollars  per 
annum,  and  the  salary  of  the  clerk  fifteen  hundred  dollars 
per  annum. 

Approved  March  15,  1861. 


No.  87.]  AN  ACT 

To  exempt  from  Duty  certain  articles  of  Merchandise  therein 

named. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  Secretary  of  the  Treasury  is  hereby 
authorized  and  empowered  to  remit  the  duty  in  all  cases 
where  commodities  were  bona  fide  purchased  or  contracted  for 
on  or  before  the  18th  day  of  February  last,  within  the  late 
United  States,  where  the  importer  has  not  been  able  to  com- 
ply with  the  provisions  of  the  act  to  define  more  accurately 
the  exemption  of  certain  goods  from  duty,  which  required 
that  the  goods,  wares  and  merchandise  should  have  been  ac- 
tually laden  on  board  of  the  exporting  vessel  or  conveyance 
destined  for  any  port  in  this  Confederacy  on  or  before  the 
fifteenth  day  of  March  in  the  present  year;  Provided,  Such 
testimony  is  furnished  the  Secretary  of  the  Treasury  by  the 
importer  that  it  was  impossible  to  comply  with  the  provisions 
of  said  act,  and  also  that  the  demand  and  collection  of  said 
duty  has  operated  injuriously  to  him  or  them  beyond  the 
commercial  effect  upon  articles  of  consumption  by  the  impo- 
sition of  duties. 

Sec  2.  And  be  it  further  enacted,  That  all  books,  pamphlets 
and  tracts  and  other  publications  printed  and  published  by 
any  church  or  benevolent  society,  whose  organization  ex- 
tends to  and  embraces  citizens  of  the  Confederate  States, 
shall  be  free  and  exempt  from  duty. 

Sec  3.  And  be  it  further  enacted,  That  all  facts  herein  re- 
quired to  exist  in  order  to  entitle  a  party  to  the  benefits  of 
this  act,  shall  be  established  to  the  satisfaction  of  the  Secre- 
tary of  the  Treasury,  in  a  manner  to  be  prescribed  by  him. 

xWroved  March  15,  1861. 


135 

No.  88.]  AN  ACT 

To  fix  the  Duties  on  Articles  therein  named. 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  an  ad  valorem  duty  of  fifteen  per  cent, 
shall  be  imposed  on  the  following  named  articles  imported 
from  abroad  into  the  Confederate  States  of  America  in  lieu  of 
the  duties  now  imposed  by  law,  to  wit :  Coal,  cheese,  iron  in 
blooms,  pigs,  bars,  bolts,  and  slabs,  on  all  iron  in  a  less  manu- 
factured state ;  also  on  railroad  rails,  spikes,  fishing  plates, 
and  chains  used  in  the  construction  of  railroads,  paper  of  all 
sorts  and  all  manufactures  of;  wood,  unmanufactured  of  all 
sorts. 

Approved  March  15,  1861. 


No.  89.]  AN  ACT 

Making  appropriations  for  the  support  of  the  Navy  for  the 
year  ending  4th  February,  eighteen  hundred  and  sixty-two. 

The  Congress  of  the  Confederate  States  do  enact,  That  the  fol- 
lowing sums  be  and  the  same  are  hereby  appropriated  for  the 
objects  hereinafter  expressed,  for  the  year  ending  the  fourth 
day  of  February,  one  thousand  eight  hundred  and  sixty-two, 
namely : 

1st.  For  the  pay  of  officers  of  the  navy  on  duty  and  off 
duty,  based  upon  the  presumption  that  all  the  grades  author- 
ized by  the  act  of  1861  will  be  filled,  one  hundred  and  thir- 
ty-one thousand  seven  hundred  and  fifty  dollars. 

2d.  For  the  pay  of  officers,  non-commissioned  officers,  mu- 
sicians and  privates  of  the  marine  corps,  one  hundred  and 
seventy-five  thousand  five  hundred  and  twelve  dollars. 

3d.  For  provisions  and  clothing  and  contingencies  in  pay- 
master's department,  one  hundred  and  thirty-three  thousand 
eight  hundred  and  sixty  dollars. 

4th.  For  the  pay  of  warrant  and  petty  officers,  and  of  five 
hundred  seamen,  ordinary  seamen,  landsmen  and  boys,  and 
engineer's  department,  one  hundred  and  sixty-eight  thousand 
dollars. 

5th.  For  expenditures  which  will  be  required  for  coal  for 


136 

the  use  of  steamers,  two  hundred  and  thirty-five  thousand 
dollars. 

6th.  For  the  probable  cost  of  ten  steam-gun  boats  for 
coast  defences  of  the  Confederate  States,  to  be  built  or  pur- 
chased as  may  be  most  convenient,  one  million  one  hundred 
thousand  dollars. 

7th.  For  the  probable  cost  of  completing  and  equipping 
the  steam  sloop  Fulton,  now  at  the  Pensacola  navy  yard, 
twenty-five  thousand  dollars. 

8th.  For  the  pay  of  officers  and  others  at  the  navy  yard, 
Pensacola,  fifty-four  thousand  three  hundred  and  sixty-three 
dollars. 

9th.  For  compensation  of  four  clerks  on  duty  at  the  Navy 
Department  as  per  act  of  11th  March,  at  fifteen  hundred 
dollars  each,  six  thousand  dollars. 

Approved  March  15,  1861. 


No.  90.]  AN  ACT 

Supplementary  to  an  Act  entitled  an  Act  to   organize  the 

Navy. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  in  case  officers  who  were  formerly  attached  to 
the  navy  of  the  United  States,  but  had  resigned  in  conse- 
quence of  the  secession  of  any  one,  or  of  all  of  the  Confed- 
erate States,  should  receive  appointments  in  the  navy  of  the 
Confederate  States,  the  President  is  authorized  to  affix  to 
their  commissions  such  dates  as  may  be  necessary  to  secure 
to  them  the  same  relative  position  that  they  held  in  the  for- 
mer service. 

Approved  March  16,  1861. 


No.  91.]  AN  ACT 

To  authorize  the  transit  of  Merchandize  through  the  Con- 
federate States. 

Section  1.   The  Congress  of  the  Confederate  States  of  Ame- 


137 

rlca  do  enact,  That  goods,  wares  and  merchandize  imported 
from  any  foreign  country  into  the  Confederate  States,  des- 
tined for  any  foreign  country,  may  be  entered  and  have 
transit  through  the  Confederate  States  free  of  duty,  subject 
to  such  regulations  as  the  Secretary  of  the  Treasury  from 
time  to  time  shall  make ;  and  the  said  Secretary  of 
Treasury  shall  have  the  power  to  make  such  regulations  as 
he  may  deem  expedient  for  the  safety  of  the  revenue  and  for 
the  public  convenience,  which  regulations  may  be  enforced 
in  the  manner  prescribed  by  law  as  to  other  regulations  in 
relation  to  the  revenue. 

Approved  March  15,  1861. 


No.  92.]  A  RESOLUTION 

To  pay  certain   Naval   Officers  their  Travelling  Expenses. 

Section  1.  The  Congress  of  the  Confederate  States  of  Ame- 
rica do  resolve,  That  the  Secretary  of  the  Navy  be  and  he  is 
hereby  authorized  to  pay  to  Samuel  Rousseau,  Joseph  Tat- 
nall,  Victor  M.  Randolph,  J.  D.  Ingraham  and  Raphael 
Semmes,  late  officers  of  the  navy  of  the  United  States,  who 
were  summoned  to  this  city  by  the  committee  on  naval  affairs, 
in  pursuance  of  authority  conferred  on  said  committee  by  a  re- 
solution of  this  body  adopted  on  the  fourteenth  day  of  Februa- 
ry, one  thousand  eight  hundred  and  sixty-one,  their  travel- 
ling expenses  at  the  rates  prescribed  by  law. 

Approved  March  15,  1861. 


No.  93.]  AN  ACT 

To  repeal  the  Third  Section  of  an  Act  to  exempt  from  Duty 
certain  commodities  therein  named,  and  for  other  pur- 
poses. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  third  section  of  an  act  passed  February  eighteenth, 
eighteen  hundred  and  sixty-one,  entitled  an  act  to  exempt 
from  duty  certain  commodities  therein  named  and  for  other 


138 

purposes,  be  and  the  same  is  hereby  repealed ;  and  that  the 
tariff  laws  shall  apply  to  the  State  of  Texas  from  the  date 
of  her  admission  into  this  Confederacy  in  the  same  manner 
as  the  same  apply  to  the  other  States. 

Approved  March  15,   1861. 


No.  94.]  AN  ACT 

Supplemental  to  an  Act  to  define  and  fix  the  pay  of  the  Offi- 
cers of  the  Congress.    . 

Section  1.  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  amount  of  salary  established  by  the 
said  act  for  each  officer  during  the  continuance  of  the  Pro- 
visional Government  shall  be  deemed  a  salary  for  a  year, 
and  that  each  officer  may  receive  a  rateable  proportion 
thereof  at  any  time  during  the  year  upon  the  warrant  of 
the  President  of  the  Congress. 

Approved  March  16,  1861. 


No.  95.]  A  RESOLUTION 

To  provide  for  the  Auditing  and  Paying  of  certain  Claims 
against  the  Congress. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  Hon.  William  P.  Chilton,  the  resident  member  of  the 
committee  on  accounts,  be  authorized  to  audit  and  allow  ac- 
counts against  the  Congress  which  have  not  been  audited 
and  allowed — the  Secretary  of  the  Congress  to  act  with  said 
member  of  said  committee ;  and  claims  audited  and  allowed 
by  them  to  be  paid  on  the  order  of  said  Chilton,  for  said 
committee,  countersigned  by  said  Secretary ;  and  this 
resolution  to  operate  only  during  the  recess  of  Congress. 

Approved  March  16,  1861. 


139 


No.  96.]  AN  ACT 

To  appropriate  Money  for  certain  civil  purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  following  sum  be  and  the  same  is  hereby 
appropriated  for  the  object  hereafter  expressed,  for  the  year 
ending  the  fourth  of  February,  eighteen  hundred  and  sixty- 
two  :  For  salary  of  Auditor  of  the  Treasury  for  auditing 
account3  of  the  war  office  in  the  expenditure  for  the  army, 
the  sum  of  three  thousand  dollars. 

Approved  March  16,  1861. 


No.  97.]  AN  ACT 

Making    additional    appropriations    for   the    support  of  the 
Army,  for  the  year  ending  the  first  of  March,  eighteen 
.  hundred  and  sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  following  sum  be  and  the  same  is  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated, namely:  For  the  purchase  of  ordnance  and 
ordnance  stores,  one  hundred  and  ten  thousand  dollars. 

Approved  March  16,  1861. 


No.  98.]  AN  ACT 

Making  appropriations  for  the  service  of  the  Post-Office 
Department,  for  the  fiscal  year  ending  the  first  of  March, 
eighteen  hundred  and  sixty-two. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  following  sums  be  appropriated  for  the 
Post-Office  Department  for  the  year  ending  the  first  of 
March,  one  thousand  eight  hundred  and  sixty-two,  out  of 
any  moneys  in  the  treasury  arising  from  the  revenues  of 
the  service  of  said  department,  namely :  For  transportation 


"  140 

of  the  mails  inland,  one  million  one  hundred  and  two  thou- 
sand two  hundred  and  eighteen  dollars  forty-nine  cents ; 
for  compensation  of  postmasters,  three  hundred  thousand 
dollars ;  for  clerk  of  post-offices,  one  hundred  thousand  dol- 
lars ;  for  ship,  steamboat  and  way  letters,  five  thousand  dol- 
lars ;  for  office  furniture  for  post-offices,  two  thousand  dol- 
lars ;  for  advertising,  fifteen  thousand  dollars ;  for  mail  bags, 
ten  thousand  dollars ;  for  paper  blanks,  ten  thousand  dollars ; 
for  printing  blanks,  three  thousand  dollars ;  for  wrapping 
paper,  eight  thousand  dollars;  for  mail  locks,  keys  and 
stamps,  ten  thousand  dollars ;  for  mail  depredations  and  spe- 
cial agents,  twenty  thousand  dollars ;  for  miscellaneous  pay- 
ments, forty  thousand  dollars;  for  postage  stamps  and 
stamped  envelopes,  twenty-five  thousand  dollars;  for  pay- 
ment on  account  of  foreign  mail  service,  seventy-five  thou- 
sand dollars ;  for  payment  of  letter  carriers,  two  thousand 
dollars. 

Sec.  2.  That  the  sum  of  three  hundred  and  twenty  thou- 
sand and  sixty  dollars  thirty-six  cents  be  and  the  same  is 
hereby  appropriated,  to  be  paid  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated,  to  supply  deficiencies 
in  the  revenue  of  the  Post-Office  Department  for  the  year 
ending  the  first  of  March,  one  thousand  eight  hundred  and 
sixty-two. 

Approved  March  16,   1861. 


No.  99.]  AN  ACT 

To  authorize  the  Secretary  of  the  Treasury  to  appoint  Spe- 
cial Agents  in  certain  cases. 

Section  1 .  The  Congress  of  the  Confederate  States  do  enact, 
That  the  Secretary  of  the  Treasury  shall  be  and  he  is  hereby 
authorized  to  appoint  special  agents  for  the  purpose  of  or- 
ganizing the  custom-houses  at  ports  of  entry  and  delivery  on 
the  frontiers  between  the  Confederate  States  and  other  gov- 
ernments, and  to  cause  examinations  to  be  made  of  the 
books,  accounts,  money  on  hand  and  general  management  of 
all  the  offices  of  the  several  collectors  of  the  customs,  sub- 
treasurers,  public  depositaries,  mints,  and  all  other  officers 
and  agents  who  may  be  under  the  control  of  the  Treasury 
Department,  as  occasion  may  require,  with  such  compens'a- 


141 

tion,  not  exceeding  six  dollars  per  day  and  travelling  ex- 
penses, as  he  may  think  reasonable,  to  be  fixed  at  the  time 
of  each  appointment.  The  agent  selected  to  make  these  ex- 
aminations shall  be  instructed,  in  all  offices  having  charge 
of  public  funds,  to  examine  as  well  the  books,  accounts  and 
returns  of  the  officer,  as  the  money  on  hand  and  the  manner 
of  its  being  kept,  to  the  end  that  uniformity  and  accuracy  in 
the  accounts,  as  well  as  safety  to  the  public  moneys  may  be 
secured  thereby. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  expire  in 
two  years  from  the  date  of  its  passage. 

Approved,  March  16,  1861. 


No.   100.]  AN  ACT 

Making  appropriation  for  the  service  of  the  Bureau  of  In- 
dian Affairs. 

Section  1 .  The  Congress  of  the  Confederate  States  of  Amer- 
ica do  enact,  That  the  following  sum  be  and  the  same  is  hereby 
appropriated,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  for  the  service  of  the  Bureau  of  Indian 
Affairs,  for  the  year  ending  first  of  March,  eighteen  hun- 
dred and  sixty-two,  namely :  For  the  salary  of  the  commis- 
sioner and  chief  clerk  of  the  Bureau  of  Indian  Affairs  and 
incidental  expenses  of  the  bureau,  five  thousand  dollars. 

Approved  March  16,  1861. 


No.  101.]  AN  ACT 

To  amend  an  Act  entitled  an  Act  authorizing  the  President 
alone  to  make  certain  appointments. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  act  described  in  the  caption  hereof  shall 
be  held  and  construed  to  authorize  the  President  to  appoint, 
during  the  recess  of  Congress,  all  officers,  civil,  military  and 
naval,  established  by  law  :  Provided,  Such  appointments  shall 
be  submitted  to  vhe  Congress  when  it  re-assembles,  for  its 
advice  and  consent. 

Approved  March   16,  1861. 


CONFEDERATE  STATES  OF  AMERICA,  >• 
Department  of  State.      ) 
I  certify  that  the  foregoing  Laws  and  Resolutions  have 
been  carefully  compared  with  the  original  copies  on  file  in 
the  office  of  the  Secretary  of  State. 

WM.  F.  ALEXANDER, 

Chief  Clerk. 
Montgomery,  18th  April,  1861. 


i  isr  d  e  x: 


ABATEMENT— 

Of  suits, 120-121 

ADJUTANT  and  INSPECTOR  GENERAL— 

Department  organized,  -  .  -  -       61-62 

"  act  amendatory,  -  96-97 

"  contingencies  for,  92 

Brigadier-General  may  be  assigned  to  duty  of,        -  96 

Officers  of  department  may  be  assigned  to  command 

by  President,  -----  62 

ADMIRALTY— 

At  Key  West, 93-95 

Jurisdiction  of  district  court,  -  125 

Laws  of  U.  S.  and  rules  of  court,     -  125 

ALABAMA— 

Resolution  accepting  loan,  35 

AMENDMENTS,       -  -  -  .         -  -  122 

APPEALS— 

When  court  is  divided,  -  127 

From  district  courts  in  criminal  cases,  -  -  124-125 

«  "  «       in  civil  cases,    -  125-126 

"  "  "       in  admiralty  and  equity,  -  126-127 

Key  West,        -  -  -  -  -  93 

From  State  courts,       -----  127-128 
Pending  in  U.  S.  at  date  of  secession,  -  -  13C 

In  cases  transferred    and  decided  by  the  courts  of 

the  Confederacy,     -  -  -  -  132 

Bonds  for  costs,  -----  126 

Damages  and  costs,     -----  126 

Existing  judgments  and  decrees,       -  127 

APPOINTMENTS— 

Commissioners  to  U.  S.,  -  -  -  40 

See  several  heads. 


144 

APPROPRIATIONS— 

Provisional  forces,       -            -            -            -            -  90-96 

Regular  army,              -            -            -    •                     -  91-93 

Ordnance  and  ordnance  stores,          -  139 

Legislative,  executive  and  judicial,   -  107-109 
''Post-Office  Department,          -            -            -        108-139-140 

Purchase,  alteration,  &c,  of  arms,  92 

Bureau  of  Indian  Affairs,      -  141 

Miscellaneous,              _____  \o<j 

Executive  mansion,     _____  109 

Custom-Houses,           _____  132 

Courts  and  clerk's  office,  New  Orleans,        -            -  133 

Navy,   -            -            -            -            -            -      .      -  135-136 

For    salary  of    Auditor  of  Treasury   auditing   ac- 
counts of  War  Office,           _            _            _            -  139 

ARMS— 

Purchase,  manufacture  and  alteration,  42 

Purchase,  appropriation  for,  92 

"           and  preparation  of  ordnance  for  navy,   -  104 

ARMY— 

General  staff,                _____  61-62 
"         amendatory  act,         -  96-97 
Provisional  forces,      -----  06 
"                "       appropriations  for,          -             90-93-96 
"               "                   «  ■             "       at  Charles- 
ton,   -            -            -            -  90 
Volunteers  and  militia,            -  68-70 
Regular  organization,                                                     73  et.  seq. 
"                  "               appropriation  for,       -            -  91-93 
"                  "               oath  required,  97 

ARREST— 

Persons  under,  not  discharged  by  secession,            -  131 

ARTICLES  OF  WAR,          -----  73-79 

ARSENALS,               -            -            -            -            -            -  37-106 

ASSIGNEES— 

Suits  by,  117 
ASSISTANTS— 

Assistant  Attorney-General,  80 

"          Postmaster-General,  80 

Assistant  Secretary  of  State,              -            -            -  63,  81 

"                 «               Treasury,      -            -  45,  81 

«                 «                Treasurers,                 -            -  38 

"                 "                Congress,      -            -            -  110 

Treasurer,  (Mint,  N.  O.)          -            -            -            -  88 

ATTORNEYS— 

General, 43,  49,  67 

Assistant,         _____            -  80 

District,  appointment,              _            _            _            -  123 

Oath,  duty,  salary  and  mileage,          -  123 

Key  West,        -                                       93,  (repealed,)  110-111 


145 


ATTORNEYS— Continued. 

Additional  compensation, 

- 

- 

114 

AUDITOR— 

First,  office  created,     - 

"      salary,    - 

"     duties,  powers  and  incapacities, 
Second,  duties  and  salary, 
Misdemeanors  and  penalties, 

- 

45 

45 

-      46-47 

111-112,139 

47 

AUTOGRAPHS,        - 

- 

_ 

37 

BAIL— 

Bond  not  discharged  by  secession,    - 

- 

- 

131 

BARKER,  WILLIAM  P.- 

_ 

_ 

54 

BILLS— 

Of  Congress,    - 
And  notes,       - 

- 

- 

43 
118 

BOATS— 

Mississippi,       - 

Purchase,  arming  and  equipping, 

Gun,     - 

- 

- 

58-60 

70 

110 

BONDS— 

Of  custom  officers  prior  to   1st  April,  1861,  and 
where  filed,              - 

Of  Confederate  States,            - 

Of  assistant  treasurer  and  treasurer  mint,  N.  0.,     - 

Marshals, 

Clerks,              -                       •  - 

Suit  upon  official,  of  officer  residing  at  seat  of  gov- 
ernment,     ---___ 

Bail  not  discharged  by  secession,      - 

38 

64-65 

88 

115-116 

115 

132 
131 

BULLION  FUNDS— 

Transferred  by  Louisiana. 

- 

_ 

98 

BUOYS, 

- 

72 

BUREAUS— 

Light  House,                - 
Printing,          - 
Indian  Affairs,             - 

- 

" 

71-72 

54-57 

133,  140 

CAVEATS— 

Generally,        - 
As  to  Walden,  J.  M. 
«     Barker,  W.  P. 

— 

~ 

67 
41 
54 

CLERKS— 

, 

Supreme  Court,  appointment,  oath,  bond  and  fees, 

Court  of  Admiralty,  Key  West,        - 

Justice  Department,                - 

Post-Office,       ------ 

State  Department,        - 

Navy        «                                                                   8] 

Treasury,         ------ 

10 

126 
93 
80 

80,88 

79 

t,  82, 104 

79 

146 

CLERKS— Continued. 

Indian  Bureau,  -  -  -  -  133,141 

War  Department,         -----  80 

Congress,          ____-.  no 

Of  District  Courts,      -.           -            -            -            -  115 
"             appointment,  qualification,  bond   and 

oath,                        "    -            -            -            -            -  115 

Signing  process,            -----  H7 

Fees              „    -            -            -                         -            -  118 
Failing  to  pay  over  money,     -            -            -            -  122-123 

CLOTHING— 

For  soldiers,     ------  77 

COIN— 

Dies, 82 

Offences;          -           -           -           -           -           -  105 

COLLECTORS— 

Continued  in  office  till  1st  April,  1862,  38 
Enforce  revenue  laws  except  Texas,  -  -  40 
Entitled  to  one-half  recovered  for  violation  of  reve- 
nue law  Mississippi  river,  58 
Light  money,  _____  m 
Mississippi  river,  -----  59 
Certain  ports  appointed  by  Secretary  of  Treasury,  63 

COMMERCIAL  AGENTS,  109 

COMMISSARY   GENERAL,            -            -            -            -  62 

Amendatory  act,          -----  97 

Officers  of  department  assigned  to  command,           -  62 

COMMISSIONERS— 

To  United  States,                     -            -            -            -  40 

To  Europe  may  be  instructed  as  to  copy-rights,      -  81 

From  North  Carolina,              _•           _            _            _  36 

COMPTROLLER  OF  THE  TREASURY— 

Office  created,               -----  45 

Salary,  duties  and  disabilities,            -            _            _  36-37 

Misdemeanors  and  penalties,  37 
CONGRESS— 

Preservation  of  bills  and  resolutions,            -            -  43 

«              «    records,  36 

Printers  to,      -            -           .-            -            -            -  35 

Commissioners  to,  from  North  Carolina,       -            -  36 

Autographs  of  members,  37 

Pay  of  members,         -----  89 

"        secretary  and  other  employees,        -            -  110 

Contingent  fund,          _            _            -            -            _  133 

CONSTITUTION— 

Of  the  provisional  government,         -  3 

"        permanent             "  15 

Provisional,  with  autographs,            -                        -  37 


147 


CONSULS— 

Number  and  appointment  and  fees, 

- 

109 

CONTEMPTS  OF  COURT, 

- 

121 

COPYRIGHTS— 

International,               - 

-- 

81 

COSTS— 

On  appeal, 

- 

126 

Security  for,                  - 

- 

123 

COTTON— 

Export  duty  on,           - 

- 

65 

COUNTERFEITING— 

Postage  stamps,           - 

- 

51-52 

Treasury  notes,            - 

- 

83-87 

Coin,     ------ 

- 

105-106 

COUPONS, 

- 

64-65 

COURTS— 

Judicial,            - 

115  et.  seq. 

Admiralty  and  maritime,  at  Key  West, 

- 

93-94 

Martial  and  inquiry  in  navy, 

- 

104 

"                     "              army, 

- 

78-79 

Writs  tested,  supreme  court, 

- 

116-117 

Contempts,       - 

- 

121 

See  District,  Supreme. 

CURRENCY, 

- 

105-106 

CUSTOMS— 

Officers  continued  till  1st  April,  1861, 

- 

38 

"         duties,  bonds,  oaths,  salaries  and  fees 

38-39 

Enforced,  except  against  Texas, 

- 

4C 

Secretary  of  Treasury  to  report  plan  of  re< 

lucing 

expense  of  collecting,          - 

- 

39 

Articles  exempt,          - 

. 

39-61 

On  Mississippi  river, 

- 

58-60 

Liquors  and  sugar,       - 

- 

70-71 

Ports  of  entry  established  and  abolished  by 

Secre- 

tary  of  Treasury,     -            -            -            - 

- 

63 

Special  agents,              - 

- 

140-141 

CUSTOM-HOUSES— 

Agents  to  organize,     - 

- 

140 

Questions  taken  under  charge,           -         ■  - 

- 

37 

Appropriation  for,       -            -            -            - 

- 

132-133 

DAHLONEGA, 

- 

82 

DAMAGES— 

Appeal  for  delay,        -            -            -            - 

- 

126 

Failure  to  pay  over  moneys  by  clerks  or  mar 

shal, 

122-123 

DECREES— 

See  judgments. 

DEBT— 

Imprisonment  for,        - 

- 

124 

148 

DEED— 

"When  marshal  dies  or  goes  out  of  office,     -            -  123 
DEMURRER— 

Judgment  on,               -  122 
DEPARTMENTS— (See  several  heads.) 
DEPOSITIONS,         -            -            -            -                        -  119-120 

DEPUTY  MARSHALS, 115 

DIGEST, 95 

DISTRICT  COURT— 

One  in  each  State,       -                        -            -            -  115 

Marshal  and  clerks'  appointment  and  term  of  office,  115 

"                    "        oath  and  bond,               -            -  115 

"                    "        fees,  118 

Clerk  not  to  be  connected  with  judge  by  blood  or 

marriage,      -            -            -            -            -            -  115 

Attended  by  marshal,  -  116 
Appoints  persons  to  execute  writs  when  marshal  or 

deputy  is  party,       _____  116 

Test  and  seal  of  writs,            -  117 

Seal  provided  by  judge,         -            -    \                    .  117 

Times  and  place  of  holding,                _  117 

Oath  of  judge,              _____  117 

Jurisdiction,    ----__  117 

Costs,  when  more  actions  than  one,  -  -  118 
In  matters  of  equity,  where   no   separate  court  of 

equity,          ------  118 

Rules  of  decision,        -            -            _            _            _  113 

Proceedings  and  forms  of  writs,        -            _            _  ng 

May  grant  new  trial,               -  118 

Injunctions,  sci.  fa.  and  habeas  corpus,           -            -  119 

Testimony,       ---_-_  119 

Judge  may  appoint  commissioners,                -            -  120 

Parties  heard  by  themselves  or  counsel,      -            -  120 

Liens  of  judgment  and  execution,     -  120 

Oral  testimony  and  examination  of  witnesses,         -  120 

Competency  of  witnesses,      _            -            -            _  120 
Reviving  suits,            _____  120-121 

Production  of  books  and  writings,   _            -            _  121 

Contempts,       ----__  121 

Jurors,  petit,  -.--_-_  121-122 

«        grand,             -----  124 

Judgments  by  default,  confession  or  demurrer,      -  122 

Jeofails,           ______  122 

"Writs,  when  two  or  more  divisions,              _            _  122 

Supersedeas  of  execution,      -  122 

Time  of  issuing  execution,  -  -.  _  -  122 
"When   marshal   dies  or  goes   out  of  office  before 

making  deed,            _____  123 

Security  for  costs,      _____  123 

Rules  for  conduct  and  dispatch  of  business,            -  124 

Debtors  imprisoned  under  process,  -  124 

Cognizance  of  crimes  and  offences,  -            -            -  124 


149 

DISTRICT  COURT— Continued. 

Proceedings  and  practice  in  criminal  cases,  -  124 
Cognizance  of  admiralty  and  maritime  cases,  -  125 
Laws  of  U.  S.  and  rules  of  court,  -  125 
Writs  of  error  and  appeal,  -  125-126 
Transfer  of  records  to,  from  U.  S.  circuit  and  dis- 
trict courts,  -----  128-129 
Previous  orders  in  U.  S.  courts  to  have  the  same 

effect,          - 129 

Copies  of  papers,  &c,  transferred  to  be  evidence,  -  129 

Transferred  cases  to  be  heard  and  decided,              -  128 

When  cases  to  be  considered  abandoned,     -            -  129 
Judgments  in  civil  cases  unsatisfied  at  secession 

have  force  and  effect,    -  129 

"                        "             proceedings,        -            -  129 

Cases  in  which  United  States  is  plaintiff,      -            -  129 
Judgment  final  when  pending  in  supreme  court  of 

U.  S.  if  not  transferred  in  12  months,       -            -  130 
Judgments  of  supreme  court  of  U.  S.  before  seces- 
sion to  be  carried  into  effect,          -  130-131 
Jurisdiction  in  cases  of  malfeasance  or  misfeasance 

in  office  at  seat  of  government,     -  132 

DOCK-YARDS, 106 

DOORKEEPER  OF  CONGRESS,  110 
DRAFTSMAN—                                                            ' 

Post-Office  Department,         -            -            -            -  88-89 

DUTIES— TARIFF, 41-135 

Liquors,  malt  and  distilled,  and  sugar,          -            -  70-71 
Commodities  exempt,              -                                        41-61-134 

Export  on  cotton,        -----  65 

Light  money,                -            -            -            -            -  111 

Discriminating  on  vessels  repealed,               -            -  61 


Repeal  of  act  exempting  certain  articles,     - 
Merchandize  in  transit,           _            _            - 

: 

137-138 
136-137 

ENGINEERS— 

In  navy,           - 
ENTRY 

- 

102 

Ports  of, 

_ 

63 

ENVELOPES— 

Stamped          - 

Company  carrying  letter  not  enclosed, 
EVIDENCE— 

- 

51 
53, 113 

Copies  of  official  records   and  papers  in  Treasury 

Department,             - 
Copies  of  official   papers   and   records  transferred 

to  district  court,                  - 

45 
12$ 

EXECUTIONS, 

- 

122,  125 

EXECUTIVE  MANSION,               - 

- 

54, 109 

EXPRESS  COMPANY,      -            -           - 

- 

53,  na 

150 

FEES— 

Of  attorneys,               -  J14 

Of  clerks  of  supreme  court,              -            -             -  126 

"         and  marshals,          -  118-119 

Of  court  commissioners,        -  120 

FELONY— 

Postage  stamps,  dies,  &c,  51 

Treasury  notes,           -  86-87 

Coin,  coinage  and  mints,                    -  105-106 

FOE  AGE, 76-77 

FORTS— 

Cession  recommended,            -  106 

President's  authority  when  ceded,               -             -  107 
Questions  taken    under    charge    and    President  to 

communicate  to  the  several  States,  37 

FRANKING  PRIVILEGE,  -  52-53 
FUNDS— 

Transfer  accepted,  98 

GUNBOATS, 110 

HABEAS   CORPUS, 119 

INDIAN  AFFAIRS,  -  133-134,141 

INDICTMENTS— 

Prior  to  secession,                  -  131 

INFORMER, 47-48 

INJUNCTION,  WRITS  OF  -  -  -  -  119 
INTEREST— 

On  treasury  notes,  -  -  -  83  et  seq. 

Stocks  and  bonds,                   -  64-65 

On  judgments,             _____  122 

JAILS— -  131-132 

JEOFAILS, 122 

JUDGES — (See  several  courts.) 

Advocate,        -             -             -             -             -             _  91 

JUDGMENTS— 

Lien,     -            - 120 

Amount  on  bond  or    agreement  when  by  default, 

confesssion,  or  on  demurrer,         -  122 

Interest  on,     ------  122 

In  cases  pending  in  U.  S.  Supreme  Court  at  seces- 
sion,              -            -            -            -            -            -  130 

Of  Supreme  or  other  court  of  U.  S.  before  seces- 
sion,                            -  130-131 

JUDICIARY  ACT, 115 

JUDICIARY  COMMITTEE— 

Authorized  to  have  certain  matter  printed,           -  38 

JURORS,        -                                                               -            -  121, 124 


151 

JURY— 

Petit,                -            -            -            -            -            -  121 

Grand,              ......  124 

JUSTICE,  DEPARTMENT  OF— 

Organization,               -            _            ...  49 

Clerical  force,              -  80-81 

KEY  WEST— 

Admiralty  and  maritime  court,  93 

Wrecking,        ___-_-  95 

LABORERS— 

Employment  by  Departments,  81 

"                "     P.  0-  Department,            -            -  89 

LAWS— 

Publication,     -            -            -            -            -            -  44 

Preservation  of  originals,  43 

United  States  not  inconsistent,  &c.  continued,     -  3G,  78 

Revenue,  to  be  enforced,       .             ...  40 

Digest  of,                     -            -            -                         -  95 

Of  several  States,  rules  of  decision.            -            -  118 

LIENS— 

Judgments  and  executions,                ...  120 

LIGHTHOUSE  BUREAU,               ....  71-72 

LIGHT  MONEY,       ------  111 

LOAN— 

For  support  and  defence,  04 

LOUISIANA— 

Transfer  of  funds,       -----  98 

MAILS— 

Foreign,            ______  53,  05 

Domestic,         ______  112 

Chartered  and  Express  Companies,              -            -  53,  113 

MARINE  CORPS,    - 103 

Laws  United  States,                -  104 

MARSHALS— 

Appointment,               -            -            -            -  115 

Oath  and  bond,           -  115 

May  appoint  deputies,            _            _            _            _  H5 

They  and  sureties  bound  for  acts  of  deputies,     -  115 

To  attend  District  Courts,    -            _            -            -  110 

"        "       Supreme  Court,     -             -            -  110 

Execute  precepts,       -            -            -            -  110 

Command  posse  comitatus,       -            -            -            -  110 

If  interested  or  party,             _            _            _            _  HG 

Death,  resignation  or  removal,  -  -  -  110 
Costs  and  fees,  -  118-119 
Failing  to  pay  over  money,  -            -            -            -  122-123 

Deed  by  successor,                 _             _             _            _  123 

Provides  place  of  confinement,        -            -            -  132 


152 

MEDICAL  DEPARTMENT— 

£rmy>  -  -  -  -  -  61-62,  76 

Navy> -          -  100 

MESSENGERS— 

Post  Office  Department,        -                        -  80, 89 

Congress,         ______  no 

MILEAGE— 

Members  of  Congress,           -            -            -  89-90 

District  Attorneys,   -----  123 

Marshal,          -                         .            .            _        '    _  118 

Of  jurors,       --____  122 

MILITIA,      - 68-70 

MINTS, 82,88,105 

MISDEMEANORS— 

Letters,  carrying,       -            -            -            -             -  53,  113 

Stamps,            ---__-  51-52 

Mississippi  river,       _____  58-60 

Franking  privilege,    -            -            -            _            _  52-53 

MISSISSIPPI  RIVER,         -            -            -            -            _  58-60 

MUNITIONS  OF  WAR,     -                        _            -            -  42, 104 

NAVAL  AFFAIRS, 39 

NAVAL  OFFICERS— 

Travelling  expenses,               -  137 

Navigation  laws,        -----  60 

NAVY— 

Date  of  commissions,              -            -                      .    -  136 
Organization,  regulations,  officers,   employees  and 

salaries,        -            -            -            -            -            -  98,105 

Appropriation,             _____  135-136 

NAVY  DEPARTMENT,     -            -            -            -            -  48 

Clerical  force,             _____  81 

Secretary  of,  salary,  43 

His  duties  and  powers,         _            -            _        48,.  104,  137 

NAVY  YARDS,       -           -           -           -           -            -  37,  106 

NEW  ORLEANS, 82, 88 

NOTARY  PUBLIC,              -            -            -            -            -  120 

NORTH  CAROLINA, 36 

OATHS— 

Assistant  treasurer  and  treasurer  of  mint,            -  88 

Of  officers  of  customs  prior  to  1st  April,  1861,     -  39 

"        "        endorsement  and  filing,              -            -  39 

«        "        Department  of  State,  44 

«        «        Army,  97 

Agent  of  the  company  carrying  mail,         -            -  113 

Clerks  and  marshals,             -  115 

OFFENCES— 

Persons  not  discharged  by  secession,         -            -  131 

By  officers  at  seat  of  government,              -            -  132 


153 

OFFICER  OF  ORDERS  AND  DETAIL,  -            -            -  104 

OFFICERS— (See  several  heads.) 

Resigned  or  resigning,           -             -             -  57 

Oath  of,  in  army,      -----  97 

Travelling  expenses  of  naval,           -  137 

ORDNANCE  AND  ORDNANCE  STORES— 

For  Army,     ------  139 

PARTIES,     - 117,118,120 

PATENTS, 67 

PAYMASTER— 

In  navy,  ------  101, 104 

PENITENTIARY, 131 

PORTS  OF  ENTRY,            -            -            -            -  63,140 
PLEADING— 

Jeofails, 122 

POSTAGE— 

Rates  of  domestic  -  -  -  -  -  50,  51 

"       "    foreign  -  -  -  -  -        65 

Must  be  prepaid  -----        50 

Stamps  and  envelopes,  -  -  -  51 

"  "  forging  and  counterfeiting      -  51-52 

What  exempt      ------        51 

Franking  -  -  -  -  53 

May  be  required  in  money  before  stamps  distributed         65 

POSTMASTER— 

Defacing  stamps              -  -            -            -            -         52 

Franking  privilege          -  52 

"                "            violating  -            -            -            -        53 

POSTMASTER  GENERAL- 

Salary  -------43 

Duties  and  authority  -  -  -  -  49,  53 

Violating  franking  privilege  -  -  -  -  53 

May  order  postage  paid  in  money  65 

Contracts  for  foreign  mails  65 

POST  OFFICE  DEPARTMENT— 

Organization,  -----  49 

Clerical  force,  -  80,  88-89 

Appropriations,  -  108,139-140 

POWDER— 42-104 

POWDER  MILLS— 42 

PRACTICE— 

Admiralty,  Key  West,  95 

"             and  districts  courts,         -  125 
Judicial  courts,            -                                                  lib,  etseq. 

Production  of  Books,  &c,     -  121 

In  criminal  cases,        -----  124 


154 


PRESIDENT- 


Authority  to  receive  arms  and  munitions,     -            -  60 

"          to  appoint  commissioners  to  U.  S.,           -  40 

"          to  accept  provisional  forces,         -             -  66 

"          to  charter  arms  and  equipments,              -  70 
ci          to  detail  captain  or  commander  for  chief 

of  Light  House  Bureau,  -  -  71-72 
"  "to  call  troops  into  service,  -  -  79 
■  "  to  select  captains  and  lieutenants  of  en- 
gineers, -----  72 
"  to  equip  light  batteries,  74 
"  to  enlist  armorers,  77 
"  to  assign  duties  to  officers,  -  -  78 
"  to  approve  army  regulations,  -  -  78 
"           to  order  who  shall    command    different 

corps,      -----  79 

"           to  take  possession  of  property  ceded,    -  107 

"           to  appoint  consuls,            -  109 

"           to  control  contingent  fund,           -            -  109 

"           to  purchase  and  construct  gun-boats,      -  110 

"           to  instruct  commissioners  to  Europe,     -  81 

"           to  have  treasury  no^es  issued,  83 
'  "           to    direct  appropriation  for  support   of 

provisional  forces,  93 
u          to  assign   Brigadier   General  to  duty  of 

Adjutant  and  Inspector  General,          -  96 
"          to  assign  officers  of  Quartermaster  Gene- 
ral's, Commissary   General's  and  Ad- 
jutant General's  Departments  to  com- 
mand,     -----  62 
"           to  fix  pay  of  seamen,        -  103 
"          to   determine    relative    and    assimilated 

rank  of  navy  and  army  officers,           -  105 

•  "           to  approve  navy  regulations,       -            -  104 
"           to    make    contracts    for    purchase    and 

manufacture  of  munitions  of  war,       -  42 

Directed  to  communicate  resolution  as  to  forts  to 

the  several  States,  37 
Secretaries  of  Navy,  State  and  War  under  control,  48 
Enjoins  duty  upon  Postmaster  General,        -            -  49 
Authorized  to  employ  private  secretary  and  mes- 
senger,         ______  42,  81 

Salary,             _.-__-  107 

Approves  seal  of  Treasury  Department,       -            -  45 

Executive  mansion,     -            -            -             -            -  '54 

Required  to  instruct  collectors  to  enforce  revenue 
laws,  -  -  -  -  -  -40 

Appoints  general  officers  for  provisional  forces,      -  .66 

Directed  to  assume  control  of  military   operations,  66 
Appoints   additional   quartermasters,  commissaries 

and  surgeons,           -            -            -            -  70 

Appoints  from  lieutenants,  inspectors  of  sea-coast,  72 

Appointments  in  regular  army,          -             -            73,  et  seq. 


155 


PRESIDENT— Continued. 

Appoints  Second  Auditor,     - 

"  inferior  officers,       -  -  -  - 

cc  attorney  and  marshal,  Key  West, 

Assistant  treasurer  and  treasurer  of  mint, 
Appoints  naval  officers  during  recess, 

"  all  officers,  civil,  military  and  naval,  dur- 

ing recess  of  Congress, 
Authority  as  to  loan,  - 

"  as  to  treasury  notes,  - 

"  as  to  second  auditor,         - 

Appoints  commissioner  of  Indian  affairs,     - 
May  affix  certain  dates  to  naval  commissions, 

PRINTING— 

Reid  &  Shorter,  printers  to  Congress, 

Provisional  constitution  with  autograph  signatures, 

Of  such  matter  as  judiciary  committee  may  desire 

to  lay  before  Congress  authorized, 
For  committees  of  Congress,  - 

Public,  in  relation  to  - 

Style  of,  -----  - 

Compensation  for,  generally,  - 

Compensation  for,  on  parchment, 

Postoffice  blanks,  &c,  - 

Advertisements  in  public  gazette,      - 

Contracts  for,  by  chief  officers,  - 

Of  executive  departments  authorized, 

Accounts  for,  sworn  to  by    contractor   or  public 

printer,  accompanied  with  vouchers, 
On  parchment,  - 

Bureau  of,        -----  - 

Superintendent  of,       - 

By  whom  appointed,  -  -  -  -  - 

Eligibility  and  duties  of,  - 
Appeal  from  decision  of,  - 
Accounts  for  audited  and  allowed, 

PRODUCTION— 

Of  books,  &c,  - 

PRIVATE  SECRETARY, 

PROVISIONAL  CONSTITUTION, 
PROVISIONAL  FORCES,  - 

Appropriation,  - 

Appropriation  at  Charleston,  - 

PROVISIONS— (Navy)  - 

PUBLIC  DEFENCE,  -  -  -         06,  68-70: 

PUBLIC  ESTABLISHMENTS, 
QUARTERMASTER— 

Department  organized,  - 

"  amendatory  act, 


111 
112 
111 
87 
103 

141 
64 
83 
111 
133 
136 


35 


38 
40 

54-58 
35,  55 
55,  56 
56 
56 
56 
56 
56 

56 
56 
57 
57 
57 
57 
57 
57 


121 

42 

3 

66 

90 

90 

104 

90-93,  96 

-  37,  106 

61 
96 


156 

QUARTERMASTER— Continued. 

Officers  may  be  assigned  to  command,            -  62 
Of  marines,      -----              103,  104 

RATIONS— 

In  army,           *            -            -            -            -  77 

In  navy,           ------  103 

RECORDS—' 

Transfer  to  Confederate  courts,         -  128 

Copies  when  evidence,            -  129 

RECRUITING, 77 

REGISTER  OF  TREASURY— 

Office  and  salary,        -----  45 

Duties  and  powers,     -                          -            -            -  46 

Disabilities,      ------  47 

"             violating,  47 

Signs  certificate  of  stocks  or  bonds,  64 

Countersigns  treasury  notes,  84 

REGISTRY— 

Of  letters,        -            -            -            -            -            -  53 

Of  vessels,       ------  71 

SALARY— 

President,         -            -            -            -            -            -  107 

Vice  President,            -----  43 

Heads  of  Departments,          -            -            _       »     -  43 

Assistant  Attorney-General,  80 

Assistant  Secretaries,  81 

Private  Secretary,       -----  81 

Clerks  and  messengers,          -  79-80 

Commissioner  of  Indian  Affairs  and  clerk,  -            -  133 

Officers  of  Congress,                -  110 
Officers  of  navy,         -            -            -            -              98,  et  seq. 

First  Auditor,  80 

Second  Auditor,          -----  111 

Register,           ------  80 

Comptroller,                 -----  80 

Treasurer,        ------  80 

Commissioner  of  Indian  Affairs,        _            _            -  133 

«                  "     clerk,  133 

Officers  of  Congress,               -  138 

SCIRE  FACIAS,       -            -            -            -            -            -  119 

SEAMEN— 

Pay  fixed  by  President,          -  103 

Rations,            __-__-  103 

SECRETARY - 

Of  Congress, 55,  110 

"            "        Assistant,  110 

"     Navy- 
Salary,               _____  43 
Duties  and  powers,       -            -            -             -    48, 104 
Authorized  to  pay  certain  traveling  expenses,  137 


157 

SECRETARY— Continued. 

Of  State- 
Salary,               -            -            -            -            -  43 

Duties  and  powers,  &c,            -  43,44 

Assistant,           -            -            -            -            -  63, 81 

«  Clerks,  -  -  -  -79,81 

"     Treasury, 

Salary,  43 
General  duties  and  powers,      -                               46, 139 

Appoints  special  agents,           -                      ■    -  139 

Disabilities,       -----  47 

"             violating,  47 

Powers  as  to  ports  of  entry,   -            -            -  63,  139 

«          «    "      "      «       "      collectors,           -  61,139 

Duties  and  powers  in  relation  to  loan,            -  ,  64 

May  remit  duties  in  certain  cases,       -            -  134 

Light  House  Bureau,  71 

Assistant,          -----  45, 46 

"          Disabilities,  47 
«                   "          violating,  47 
«    War- 
Salary,               -----  43 

Department,      -----  48 

Army  and  Indians,  48 
Under  control  of  President,  48 
Clerks,               -            -            -            .              48,79-80 
Prepares  and  publishes  regulations,  78 
Bond   Quartermaster   and   Commissary   De- 
partment,      -----  78 

Apply  appropriation  for  regular  army,           -  93 
SHIPS— 

Light  money,               -----  m 

Discriminating  duties  repealed,  61 

Purchase,  arming  and  equipping,  70 

Registration,                -            -  71 

SINKING  FUND,     -  65 

STAMPS,       ------  51-53,65 

STATUTES— 

Of  United  States,      ■ 36,104 

Registration  of  letters,  53 

Originals  preserved,  43 

Publication,      ------  44 

Digest,               ------  95 

STOCKS, 64 

SUBSISTENCE,  Army, 61-62 

«                  Navy, 104 

SUGAR, 71 

SUITS,  when  considered  abandoned,           -  129 

SUPREME  COURT— 

Annual  session  at  seat  of  Government,             -  115 

Adjournment  by  one  judge  if  no  quorum,        -  115 


158 

SUPKEME  COURT— Continued.      * 

Marshal  of  District  attends,       -             -             -  HO 
Test  of  writs,       -             -  ,           -             -            -  no 
Seal,         -,.           -      "  v   -      •       _         ^             _  H7 
Oath  of  judges,                 -  117 
*                 Writs  of'sci.  fa  ,  and  habeas  corpus  and  injunc- 
tion,    -            -            -                        e-            _  H9 
Suits  revived  by  sci.  fa.,              -            -            -  121 
Contempts,             -             -            -           _-            -  121 
Writs  of  e^rar  supersedeas,          -        "+■-            -  122 
"       of      "      in*criminal  cases,             -            -  124-125 
"                "      in  civil  cases,       -            -        125,  130,  132 
?               %    Key  West,                       f             -  93 
ftate  courts,      -            -            -            -            ...  128 

Bonds  for  costs,             -             ...            .            .  120 

Clerk  appointment,  oath,  bond  and  fees,      -            -  120 

May  adjudge  damages  for  delay,        -            -          ,  -  120 

Appeals  when  sum  exceeds  $5,000,   -          *£•          ,  -  126 
Appeals  and  writs  of  error  from  existing  judgments 

and  decrees,            .  -            -            -            -            -  127 

May  make  rules,          -            -            -            -            -  127 

When  equally  divided  but  not  full,  re-argument,     -  127 

Re-argument,  full  judgment  affirmed,             -            -  127 

Original  and  exclusive  jurisdiction,               -            -  127 

Writs  of  rnandamm  and  prohibition,              -            -  127 

Cases  pending  in  United  States,          -  130 
Unexecuted  judgments   of  U.  S.  rendered  before 

secession,      ------  131 

Writs  of  error  or  appeal  in  cases  transferred  and 

decided  by  Courts  of  Confederacy,            -            -  132 

Cannot  issue  execution  on  writ  of  error,      -            -  126 

Trial  by  jury,               _____  127 

Notice  of  transfer  from  Supreme  Court  of  U.  S.,  to 

that  of  Confederate  States,              _            _            _  131 

SURGEON— 

General,            -            -            -            -            -            -  62,  76 

Army,                ------  62 

Navy,                 -            -            -'           -            -  100 

TARIFF— 

Existing  laws  to  be  enforced,  -  -  40 
On  coal,  iron,  cheese,  &c,  -  -  -  _  135 
Texas  excepted,  _____  40, 42 
Applied  to  Texas,  _  -  _  _  _  138 
Certain  commodities  exempt,  -  -  41,  61,  134 
Repeal  of  act  of  exemption,  -  137 
On  liquors  and  sugar,  70 
Merchandise  in  transit,  -  136, 137 
Materials  for  telegraph  lines,  Forts  Morgan  and  Pu- 
laski, exempt,            -----  82 

TELEGRAPH  LINES— 

Materials,  Forts  Morgan  and  Pulaski  exempt  from 

duty,              ------  82 


159 

TESTIMONY— 119,120,129 

TEXAS— 

Exempted  from  revenue  laws,             -  40,42 

Admission,        ------  67 

Tariff  laws  applied,    -----  138 

TREASURER— 

Assistants,  continued  till  1st  April,  1861,      -            -  38 

Assistants,  duties,  powers,  salaries,  bond  and  oath,  38,39 

At  New  Orleans,  duties,  &c,  87 

Office  created,               -----  45 

Salary,  45 

Duties  and  bond,          -----  47 
In  regard  to  Treasury  Notes,            -            -            83,  et  seq. 

Disabilities  and  penalties,  47 

TREASURY— 

Department,     ------  45 

Notes,  -  -  -  -  83,  et  seq. 

UNITED  STATES— 

Certain  laws  of,  continued,     -            -            -            -  36 

Rules  and  articles  of  war,  78 

VESSELS— 

%           Discriminating  duties  repealed,  61 

On  Mississippi  River,               -            -            -            -  58, 60 

Chartered  or  purchased,  armed  and  equipped,          .  70 

Registration,     ......  71 

Light  money,    ......  Ill 

VICE  PRESIDENT,  SALARY,        .                         .            .  43 

WAR— 

Department  established,          ....  48 
«            clerical  force,      .             .             .             .80,81 
"            Second  Auditor  of  Treasury  audits  ac- 
counts,             ....  Ill,  112 
"  ,          Contracts  for  munitions,             .             .  42 

WARRANTS— 

On  criminal  charge  prior  to  secession  in  force  and 

returnable,    ......  131 

WRECKING— 

License,              ......  95 

WRITS— 

Test  and  Seal,  .            .            .                    -    .            .  116, 117 
Forms,  .             .             ...             .             .             .118 

Injunction,  sei.  fa.  and  habeas  corpus,             .             .  119 
On  criminal   charge   issued   before  secession  con- 
tinued in  force  and  returnable  to  District  Court,  131 
When  two  or  more  divisions  of  District  Court,       .  122 
Mistake,  omission  or  defection,           .             .             .  122 


t 


